Being arrested in Lanham, MD, for domestic violence can turn your world upside down. This is true even if you aren’t ultimately convicted. Just the allegations of domestic violence carry significant repercussions and stigma, leading to serious consequences like custody issues. If you find yourself facing these charges in Lanham, Maryland, you need to speak with a Maryland criminal defense lawyer as soon as possible. Contact the Alpert Schreyer Criminal Defense Attorneys at (301) 262-7005 to schedule a free consultation with a Lanham domestic violence lawyer.
How Alpert Schreyer Criminal Defense Attorneys Can Help If You’re Arrested For Domestic Violence
If you’re arrested for domestic violence in Prince George’s County, it’s important to speak with a legal professional as soon as possible. Here’s how we can help you:
- Our experienced attorneys will review the charge against you and honestly discuss potential outcomes with you so you have a clear understanding of what to expect moving forward.
- We’ll work tirelessly to collect evidence that supports your side of the story, including any witness testimony or surveillance footage that can help establish your innocence.
- If possible, we will negotiate with prosecutors in an effort to lessen charges or penalties that may apply. You never have to take a plea deal if you don’t want to – it’s completely your choice.
- We’re prepared to take your case all the way to trial if necessary, arguing on your behalf and challenging any weak points in the prosecution’s arguments.
During one of the most challenging times in your life, it’s important to speak with a legal professional in Lanham, Maryland. No matter what charges you’re facing, they should be taken seriously. Contact Alpert Schreyer Criminal Defense Attorneys to schedule a free consultation with a Lanham criminal defense attorney.
Overview of Domestic Violence in Maryland
Domestic violence laws in Maryland encompass various actions that inflict harm or fear on household members such as spouses, dating partners, or co-inhabitants. Domestic violence is not a stand-alone charge in the state; instead, charges like assault, stalking, harassment, and violating a protective order become categorized as “domestically related” when they involve family members or intimate partners.
What Are the Penalties For Domestic Violence in Lanham, Maryland?
Facing domestic violence charges in Maryland can lead to serious consequences. The penalties you might face depend on the specific charges and the severity of the offense. Understanding these penalties can help you navigate the legal system more effectively. They often include:
Prison Time
For severe cases of domestic violence, especially those involving physical harm or threats, prison time is a possible outcome. Felony charges can result in lengthy prison sentences depending on the extent of the violence and any prior convictions.
For example, if you’re charged with domestic violence involving assault in the first degree, you could face 25 years in jail or even longer for subsequent convictions.
Jail Sentences
Misdemeanor domestic violence charges may carry jail time, though the duration will be shorter than if you’re facing a felony conviction. Jail time can range from a few days to several months, depending on the nature of the offense and the defendant’s criminal history.
Probation
Instead of or in addition to jail time, a court may impose probation. This means you’ll need to comply with specific conditions set by the judge, such as regular check-ins with a probation officer, maintaining employment, and avoiding further legal trouble. Violating probation terms can lead to more severe penalties, including jail time to finish out the rest of your sentence.
Domestic Violence Classes
Courts often require defendants to attend domestic violence education or counseling classes. These programs address the underlying issues that contribute to abusive behavior and help prevent future incidents. Completing these classes is usually mandatory and may be a condition of probation.
Fines
Monetary fines are another common penalty for domestic violence offenses. The amount can vary widely based on the severity of the incident and the defendant’s ability to pay. Fines serve as a punitive measure and can also help cover the costs associated with the legal proceedings.
Restitution
In some cases, the court may order you to pay restitution to the victim. This compensation covers expenses such as medical bills, property damage, and other costs incurred as a result of the abuse. Restitution ensures that the victim is financially supported and helps hold the offender accountable for their actions.
Increased Penalties When a Child Witnesses Violence
In Maryland, if someone commits a violent act while a child aged two or older is present or can hear what’s happening, the legal consequences become more severe. Violent acts include serious offenses such as assault, rape, and other sexual crimes.
In these situations, a judge has the authority to extend the prison sentence by up to five additional years. This extra time is served after the original sentence for the violent crime, meaning the total time served will be longer as the two sentences follow one another instead of running concurrently (together).d
If you’re facing domestic violence charges, it’s critical to reach out to a criminal defense lawyer in Lanham as soon as possible.
What Defenses Can Be Raised If I’m Arrested For Domestic Violence?
Facing domestic violence charges can be overwhelming, but understanding how to defend yourself is essential. A criminal defense attorney can help identify the most effective strategies to protect your rights, but it’s helpful if you have an understanding of these defenses as well. Common legal strategies include:
Lack of Evidence
Sometimes, the prosecution may not have enough evidence to support the charges against you. This defense involves challenging the reliability and credibility of the evidence presented, such as witness testimony, physical evidence, or surveillance footage. If your domestic violence attorney can show that the evidence is insufficient or unreliable, the charges may be reduced or dismissed, as the prosecutor must prove each element of the crime beyond a reasonable doubt.
Self-Defense
If you acted to protect yourself from immediate harm, self-defense might be a valid reason for your actions. To use this defense, you must prove that you had a reasonable fear for your safety and that the force you used was necessary to prevent injury. This means demonstrating that you were not the aggressor and that your response was proportionate to the threat you faced.
False Accusations
In some cases, domestic violence charges may stem from misunderstandings or false claims. If you believe you are being wrongfully accused, your defense can focus on disproving the allegations by presenting alibis, character witnesses, or other evidence that contradicts the accuser’s statements. Proving that the accusations are untrue can help clear your name. Determining and presenting the accuser’s motive to lie can help this defense significantly.
Consent
If the alleged actions were consensual, this defense asserts that the other party agreed to the interaction and did not feel threatened or harmed. While this defense can be complex, especially in domestic situations, demonstrating mutual consent can weaken the prosecution’s case and support your defense.
Improper Police Procedure
Challenging the way law enforcement handled the arrest can also serve as a defense. If the police violated the defendant’s rights or failed to follow proper procedures, any evidence obtained as a result might be excluded from the case. This can weaken the prosecution’s position and potentially lead to the charges being dropped.
Being charged with domestic violence is a serious matter and should be treated as such. Make sure you reach out to a criminal defense lawyer as soon as possible.
Dealing with any kind of criminal charge is a scary experience, especially if you’ve never dealt with the criminal justice system before. Domestic violence charges should be taken especially seriously because of the potential consequences they can have on your life, your work, and your family matters. If you find yourself in this situation in Maryland, it’s essential to contact a legal professional as soon as possible after being arrested. Contact Alpert Schreyer Criminal Defense Attorneys to schedule a free consultation with a Lanham domestic violence lawyer.