Domestic violence charges are treated very seriously by prosecutors and courts throughout Maryland. The prosecution works to obtain evidence supporting a narrative proving guilt beyond a reasonable doubt. Prosecution tactics in domestic violence cases also include various actions to intimidate and overwhelm defendants.
If you’re facing these types of charges, you need an experienced Maryland criminal defense lawyer on your side. Otherwise, being accused of domestic violence could result in severe criminal penalties and other consequences.
Examples of Prosecution Tactics in Domestic Violence Cases in Maryland
All prosecutors handle their cases differently. The strategy they use also depends on a case’s unique circumstances. However, common prosecution tactics used in domestic violence cases include:
Piling on Criminal Charges
A prosecutor may issue warrants for numerous criminal charges related to the accusations of domestic violence.
Examples of criminal charges you could face if you are arrested for domestic violence include:
- Assault or aggravated assault
- Criminal damage to property
- Disorderly conduct
- Witness tampering
- Custodial interference
- Endangerment
- Intimidating or threatening
- Unlawful imprisonment
- Sexual assault
- Harassment
- Stalking
- Trespassing
The more charges a prosecutor can pile onto your domestic violence charges, the better chance they have of forcing you to accept a plea deal. The prosecutor may agree to drop the other charges if you plead guilty to domestic violence.
Seeking an Order of Protection
An order of protection or “protective order” prohibits you from having contact with the alleged victim. Protective orders can be issued as separate orders or included as part of your bond to be released from jail pending your trial. You could be arrested and face additional criminal charges if you violate the protective order.
The prosecutor may claim that the alleged victim needs a court order to protect them. However, the prosecutor may want to keep the victim and the defendant apart. Preventing reconciliation increases the likelihood that a victim will continue to cooperate with the prosecution.
Monitoring Your Communications From Jail
The prosecution may obtain recordings of all your telephone calls and visits while you are in jail. They may file charges of influencing or tampering with a witness if you say anything related to the case to a potential witness.
For example, you ask a family member why they believe your spouse instead of you about what happened. The prosecutor may argue you were intentionally trying to influence this witness.
Attacking Your Credibility
Unfortunately, law enforcement officers and the prosecutor may arbitrarily believe the other person when they tell their story about what happened. The alleged victim may hide specific facts that could prove they were the aggressor or both of you were at fault.
An experienced domestic violence attorney uses several strategies to fight this tactic, including:
- Obtaining expert witnesses to testify about how injuries were sustained
- Analyzing a 911 call and the body cam footage from police officers
- Presenting evidence that refutes the alleged victim’s statements, including emails, text messages, and social media posts
- Interviewing and/or deposing witnesses
- Cross-examining the alleged victim at trial to expose inconsistencies with their testimony and statements
In addition to providing evidence proving your credibility and attacking the credibility of witnesses and the alleged victim, your attorney will develop a defense strategy for trial. The defenses used depend on the factors and circumstances in your case.
Potential Defenses to Domestic Violence in Maryland
Your attorney will explore various defenses to the criminal charges, including, but not limited to:
- A lack of evidence proving each legal requirement for a domestic violence conviction.
- You had an alibi for the time when the alleged incident occurred, so it could not be you.
- You acted in self-defense or the defense of others and used the appropriate force based on the threat.
- The domestic violence allegations are false and may be motivated by relationship conflicts, anger, revenue, or custody matters.
- You and the alleged victim had consented to engage in the conduct in question.
A successful defense strategy could result in an acquittal of the domestic violence charges. The prosecution must prove the charges beyond a reasonable doubt. Therefore, a strong defense gives the jurors a different narrative of the events that raises doubt about one or more legal elements required for a conviction.
Get Help With a Domestic Violence Case in Maryland
Facing a domestic violence charge is a serious matter. The prosecutor will aggressively pursue a guilty verdict. A Maryland domestic violence defense attorney can fight to protect your right to a fair and just resolution to criminal charges.
Contact the Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771