Domestic Violence Defense Lawyer
Domestic violence cases throughout Maryland are generally charged as first and or second degree assault charges. It is common for Police to charge both first and second degree assault charges based on allegations of strangulation, or serious bodily injury. While there are no specific laws against "domestic violence" as a crime, there are additional collateral consequences for first and second degree assaults that are "marked domestically related".
Experienced Maryland Domestic violence defense attorneys
Luke Woods has built a strong reputation as a maryland defense attorney specializing in assault cases having tried hundreds of assault cases in nearly every jurisdiction in the State of Maryland. Luke has secured acquittals both by jury and by Judge in numerous counties as both a private attorney and during his tenure as a Public Defender. Luke possesses the unique ability to identify strong legal defenses that may exist within a case, which many times result in a reduction or dismissal of charges. Luke can work within the dynamics of your familial situation, and alongside a family lawyer who might be handling your case.
Max Frizalone is a hard-nosed Maryland domestic attorney who understands the complications of a domestic violence case and the effect of DV allegations on a person's life. Max has earned acquittals on countless domestic violence cases during his career. Max has helped vindicate clients in both district and circuit court who were charged with domestic violence allegations. Max will put his experience to work for you and ensure you are satisfied with the outcome of your domestic violence case.
Complex cases made easy
Domestic violence cases are always complex, and can have an immediate impact on a Defendant's relationship with their children, access to their home, and even access to their property. With such high stakes, it is important to hire a Maryland domestic violence attorney who is experienced and knowledgeable.
What types of charges are common in Domestic Violence Cases?
- Second Degree Assault is the most common charge in DV cases.
- First Degree Assault is often charged alongside second degree assault.
- Violation of Protective Order
- Home Invasion
My partner called the police last night and made false allegations, what's next?
Often Police will inform alleged victims of their rights to obtain domestic violence protective orders, which are typically filed at the commissioner's office for your county of residence. As a result of a protective order you may be asked to leave your home, and have no contact with your spouse and children. Additionally, you are likely to have to surrender your firearms. Protective orders tend to be scheduled for their first appearance quickly.
How can the State prove a second degree assault?
The State can prove Assault in three different ways:
INTENT TO FRIGHTEN
Assault is intentionally frightening another person with the threat of immediate offensive physical contact or physical harm. In order to convict the defendant of assault, the State must prove:
(1) that the defendant committed an act with the intent to place the victim in fear of immediate offensive physical contact or physical harm;
(2) that the defendant had the apparent ability, at that time, to bring about offensive physical contact or physical harm; and
(3) that the victim reasonably feared immediate offensive physical contact or ical harm; and
[(4) that the defendant's actions were not legally justified.]
Assault is an attempt to cause offensive physical contact or physical harm. In order to convict the defendant of assault, the State must prove:
(1) that the defendant actually tried to cause immediate offensive physical contact with/physical harm to the victim;
(2) that the defendant intended to bring about offensive physical contact/ physical harm; and
(3) that the defendant's actions were not consented to by the victim
Assault is causing offensive physical contact to another person. In order to convict the defendant of assault, the State must prove:
(1) that the defendant caused [offensive physical contact with] [physical harm to] (name);
(2) that the contact was the result of an intentional or reckless act of the defendant and was not accidental; and
(3) that the contact was [not consented to by (name)] [not legally justified].
How can the State prove a first degree assault??
- In order to prove a first degree assault case, the State must prove all of the elements of second degree assault and also must prove that:
(1) the defendant used a firearm to commit assault; or
(2) the defendant intended to cause serious physical injury in the commission of the assault.
A firearm is a weapon that propels a projectile by gunpowder or a similar explosive.
Serious physical injury means injury that
(1) creates a substantial risk of death; or
(2) causes serious and permanent or serious and protracted disfigurement or loss or impairment of the function of any bodily member or organ.
Long Reaching Impacts
A criminal conviction can have far reaching impact on your divorce, custody, or spousal support case. Both Luke and Max have worked tirelessly for clients to secure acquittals and dismissals to avoid impacting ongoing cases for our clients.
Contact us today
Upper Marlboro Office
14513 Main Street, Ste B,
Upper Marlboro, MD 20772