Were you accused of domestic violence in Rockville, MD? If so, it’s critical to hire an experienced Rockville domestic violence lawyer who knows how to protect your rights. Even allegations involving domestic violence can severely damage your life. A strong defense is critical to your future.
At Alpert Schreyer Criminal Defense Attorneys, we have over 125 years of combined experience defending clients who have been accused of crimes. We know how to build the most effective legal defense possible.
We’re here to help if you have been arrested, charged, or are dealing with accusations. It’s important to act quickly. If a restraining order is issued, your rights can be impacted even before you have a chance to defend yourself. Contact our law offices in Rockville, Maryland, at (301) 364-3195 to schedule a free consultation today.
How Alpert Schreyer Criminal Defense Attorneys Can Help if You Were Accused of Committing Domestic Violence in Rockville
Domestic violence charges can damage your life in dramatic and unexpected ways. Criminal charges can carry harsh prison sentences and steep financial penalties. They can also impact divorce, child custody, and other family law matters.
If you’ve been accused of domestic abuse, you deserve an experienced Rockville criminal defense lawyer in your corner. Our board-certified attorneys at Alpert Schreyer Criminal Defense Attorneys have been recognized by Super Lawyers and have earned an AV-Preeminent rating from Martindale Hubbell.
When you hire our law firm to handle your case, count on us to:
- Provide sound legal guidance during this difficult time
- Launch our own independent investigation into the allegation and charges
- Locate exculpatory evidence and devise the best possible defense strategy for your case
- Negotiate behind the scenes with the prosecutors
- Work to get your case dismissed or charges reduced if possible
- Expose any weakness in the state’s case against you
- Vigorously argue on your behalf at all hearings
- Work to secure a not guilty verdict if your case proceeds to district court or circuit court
Our Rockville criminal defense attorneys have seen cases like yours before. We know how the criminal justice system works–and we’re well-prepared to defend you. Contact us today to learn more.
An Overview of Maryland’s Domestic Violence Laws
Unlike some other states, Maryland doesn’t have specific laws on domestic violence. Instead, Maryland law generally prohibits people from committing certain criminal actions against family members or members of their household.
In reality, Maryland’s laws on domestic abuse are extremely broad. Individuals can face a range of penalties, depending on the nature of the alleged act. Those penalties can be enhanced if a child is in the house.
Who is Eligible for Relief Under Maryland’s Domestic Violence Laws?
Parties who are eligible for relief are listed under Maryland Code Section 4-501 and include:
- Current or former spouses
- The defendant’s cohabitant
- Someone related to the defendant by blood, marriage, or adoption
- The defendant’s parent, stepparent, child, or stepchild who has resided with the defendant for at least 90 days within the prior one-year period
- Vulnerable adults who suffer from physical or mental disabilities
- The defendant’s co-parent, regardless of whether they have ever been married
- Someone who has had a sexual relationship with the defendant within the prior one-year period
- Someone who alleges the defendant has committed, or attempted to commit, rape or another sexual offense against them within the previous six-month period
Generally speaking, any party that shares a family or household relationship with the defendant is considered a “person eligible for relief” under Maryland law.
What Offenses Count as Domestic Abuse in Maryland?
Again, the list of offenses that are covered by Maryland’s domestic abuse law is very broad and includes the following specific offenses:
- An act that places the person in fear of suffering serious bodily harm
- Physical assault in any degree, including child abuse
- Rape or sexual offenses, regardless of the degree
- Attempted rape or sex offenses, regardless of the degree
- False imprisonment, including kidnapping or interfering with a protected party’s freedom of movement
- Stalking, which includes placing the protected party in reasonable fear of assault, false imprisonment, rape, or death
- Revenge porn
If you have been accused of any of these crimes against a domestic partner, don’t try to handle your case alone. Domestic violence cases can quickly become complicated. Emotions can run high. It’s critical to have an experienced Rockville domestic violence attorney on your team.
What Are the Possible Penalties for Domestic Violence in Rockville?
The potential penalties for domestic violence will depend on the nature of the underlying offense. Remember, “domestic violence” itself is not a separate crime in Maryland.
For example, according to Maryland’s sentencing guidelines:
- First-degree felony assault is punishable by up to 25 years in prison
- Stalking is punishable by up to five years in prison and a $5,000 fine
- First-degree rape is punishable by up to life in prison
Remember that an allegation is not the same thing as a conviction. An experienced attorney can stand by your side, present evidence, and build the strong legal defense you deserve. Contact our law firm in Rockville to learn more about your legal rights and options today if you’ve been charged with a crime.
What Are the Collateral Consequences Associated With a Domestic Violence Conviction in Maryland?
Domestic violence always carries the potential for jail time and other criminal penalties. In addition, possible collateral consequences for domestic violence include:
- Probation or parole
- Loss of child custody and other family law issues
- Anger management classes or counseling requirements
- Loss of housing
- Inability to qualify for certain types of housing
- Restrictions imposed by protective orders or restraining orders
- Loss of professional qualifications or employment
- Financial penalties
- Loss of your right to own a firearm
- Immigration issues
Remember that your domestic violence case can proceed even without the alleged victim’s cooperation and even if they didn’t call the police. So, if the person with whom you share a domestic relationship later decides not to cooperate, you could still face these and other consequences.
Understanding the Severe Impact of Protective Orders in Maryland
Under Maryland law, alleged victims can request an interim protective order. They can obtain a protective order if there are reasonable grounds to believe the alleged physical abuse has occurred. In other words, you can face consequences even if you’ve never had a chance to defend yourself in court.
If a protective order has been issued against you, it’s critical to comply with the terms of the order. Don’t attempt to contact the alleged victim. Instead, work with a lawyer who can fight for you.
Protective orders in Maryland can order you to:
- Refrain from further abuse or threats of abuse
- Refrain from contacting, harassing, or attempting to contact the alleged victim
- Refrain from entering the alleged victim’s residence
- Move out of a shared residence
- Give custody of a child to the alleged victim
- Remain away from the alleged victim’s place of employment, school, or temporary residence
- Give custody of any shared pets to the person eligible for relief
- Remain away from the alleged victim’s family
Interim protective orders can be issued without so much as a hearing. However, you will be notified of the date and time for a hearing on whether to grant a temporary protective order or a final protective order.
During these hearings, both you and the victim can present evidence and explain your stories. It’s incredibly important to have an experienced defense attorney protecting your rights. Your attorney can help you collect evidence, prepare for the hearing, and fight to ensure your rights are protected at every turn. To learn more about this practice area and how we can help, contact Alpert Schreyer Criminal Defense Attorneys for a free consultation today.
What Defenses Can Be Raised if I Was Arrested For Domestic Violence in Maryland?
A strong defense is critical if you’ve been accused of domestic abuse. The exact charges will determine the most effective defense strategy in your case.
Some potential strategies that can form a part of your defense include:
- False allegations
- Lack of evidence necessary to prove the underlying charges
- Lack of evidence to prove you had the required mental state
- Self-defense, meaning that your actions were justifiable in defense of yourself or someone else
- Law enforcement violated your constitutional rights
- Alibi defenses
Our lawyers will work to locate evidence to prove your case. We’ll work to locate witnesses and expose any inconsistencies in the alleged victim’s story. Many alleged victims of domestic violence have a strong motivation to lie. Our attorneys will work to prove your innocence.
The prosecution and district court commissioner must prove their case beyond a reasonable doubt. We know how to hold them to that high standard. If you’re facing criminal charges, contact our lawyers in Rockville to learn more about how we can fight to get the charges dropped or downgraded.
Call for a Free Consultation With a Rockville Domestic Violence Lawyer Today
Domestic violence can tear a family apart. Unfortunately, many claims of domestic abuse are based on false accusations. An experienced Rockville domestic violence lawyer can help you fight for the best possible outcome if you’ve been accused of a crime in Maryland. Contact Alpert Schreyer Criminal Defense Attorneys to schedule your free case review and discuss your options today.