Frederick, Maryland Assault Lawyers
Domestic Violence Defense Attorneys in Frederick
Assault and domestic violence charges in Frederick, Maryland carry life-altering penalties. Being charged with one of these crimes is extremely serious and should not be taken lightly for a minute. The consequences of being convicted of assault or domestic violence likely include a lifelong criminal record, loss of employment, loss of freedom, and a firearm possession prohibition.
It is important to remember that you are innocent until proven guilty. If you or a loved one was recently charged with assault or domestic violence, you should retain a top Frederick assault defense lawyer from Portner & Shure, P.A. For more than 25 years, the experienced lawyers at Portner & Shure have successfully represented clients charged with all sorts of violent crimes, defending them as if we were defending ourselves.
Begin your case right away. Dial (855) 954-4141.
What is Considered Assault in Maryland?
Under Maryland State law, two criminal statutes define assault in Maryland as either first-degree or second-degree assault.
- First-degree assault: First-degree assault is a more serious crime than second-degree assault. First-degree assault is defined as intentionally causing or attempting to cause serious physical injury to another individual. Importantly, not all physical injuries are considered serious. Also, the use of a firearm is considered a first-degree assault even if no injury occurred. First-degree assault carries a maximum penalty of 25 years in prison.
- Second-Degree Assault: Second-degree assault is causing a physical injury or any impairment of physical condition to another person. An individual can be charged with second-degree assault if they attempted to place the victim in fear of unconsented contact. This is defined as an act of placing another in fear of imminent offensive contact or taking a substantial step toward an offensive contact. In a second-degree assault charge, the victim does not have to be injured. Second-degree assault covers a wide range of activities and is commonly charged by prosecutors for that reason. Second-degree assault carries a maximum penalty of 10 years and a fine of $2,500.
To get more information about how assault is defined, you can view this brief explanatory video:
Domestic Violence Charges in Frederick
From a legal standpoint, the state of Maryland does not have a specific law against domestic violence. Rather, other crimes are considered crimes of domestic violence depending on who is the victim.
Crimes that can be considered domestic violence are:
- First-degree assault
- Second-degree assault
- Attempted rape
Domestic violence often occurs between spouses, blood relatives, and domestic partners. The stakes are extremely high in domestic violence cases because the accused is typically served with a protective order by the victim even before charges are filed. A protective order requires the accused to cease communication with the alleged victim and any children that may be involved. Additionally, a protective order can result in consequences like the loss of access to firearms thought to have been used in the incident and the requirement that the accused leave the family home. Given the severity of these cases, it is essential to retain a top-rated Frederick domestic violence attorney from our firm as soon as you can.
What Defenses are Used in Assault Cases?
The most common defense strategy in an assault case is declaring that you acted out of self-defense. To successfully use this defense, you must present proof that you reasonably believed that you were facing imminent physical harm. You must also prove that you used a reasonable amount of force to protect yourself from the assailant, which means you must not have used more force than what the average person would have used to protect themselves. For example, if a person threatened you with just their bare hands, then it could be deemed unreasonable to shoot them with a firearm, especially if they never actually hit you.
Another possible defense is acting in the defense of others. According to this legal strategy, you would argue that you were permitted to use a proportional amount of force against the accuser to protect a third party. If you had a reasonable belief that a third party was facing an imminent threat, and the third party would have been permitted to defend themselves, you can prove that your use of a proportional amount of force was necessary. Essentially, you can intervene to protect someone from harm if you use a reasonable amount of force in that person’s protection.
Are There Specific Defenses for Domestic Violence Cases?
Given the wide variety of crimes that are considered domestic violence, defenses vary greatly. Oftentimes, a domestic violence case comes down to a word versus word situation. To be successful in your domestic violence defense case, you should retain an experienced Frederick domestic violence and assault attorney to carefully review the facts and highlight inconsistencies by the alleged victim. Your attorney can attack their credibility, which will unravel their side of the story.
Why Hire Portner & Shure for Your Case?
For more than 25 years, the attorneys at Portner & Shure have successfully represented clients for assault and domestic violence cases in Frederick, Maryland. Our firm’s success is evident in our excellent results, fantastic ratings, countless 5-star reviews, and national recognition. Recently, the American Institute of Criminal Law Attorneys recognized Portner & Shure as one of Maryland’s “10 Best Law Firms.” Additionally, our staff consists of some of the most trusted bilingual paralegals in Maryland who can speak Chinese (Mandarin and Cantonese), Vietnamese, Korean, and Spanish.
Portner & Shure receives no fee unless our client obtains a settlement or judgment in court. To schedule a free consultation regarding your assault or domestic violence case in Frederick, Maryland, dial (855) 954-4141 or contact us online.