Defending Charges of Domestic Violence in Waldorf, Maryland
In Maryland, there are no crimes that are defined as “domestic violence” in a direct sense. Rather, there are many types of crimes, like assault, that may occur in a domestic setting, such as in a shared home between married persons, those who are romantically involved, or family members. The domestic nature of the crime may “hurt” or “help” your defense, depending on the circumstances and the facts of the case. Because of the domestic setting, the case may have an “extra” emotional factor that can — and often does — influence the judge (in sentencing), jury (in sympathies for the victim), and/or the government’s prosecuting attorneys (in plea bargaining and for leniency or lack thereof). On the other hand, because family and/or romantic interests are involved from the standpoint of witnesses, those emotional ties can be beneficial. Sifting and calculating these emotional factors is important for your criminal defense. Thus, you definitely need to hire Maryland criminal defense attorneys with the highest reputations for excellence and success. If you want the best criminal lawyer in Maryland, call us here at the Law Office of Robert Castro. If you have been charged with a domestic-related crime, call us at (301) 705-5137. We are available around the clock, 24/7.
As a reminder, do NOT talk to the police officers without your criminal defense attorney being present! Remember that what you say can and will be used against you at your trial. With some sex-related charges — common in domestic violence cases — all that must be proven is that sexual conduct occurred. Wait until you talk to your criminal defense team before you talk to the police.
Types of Domestic Violence Charges
The most typical domestic violence type charges are various forms of assault such as hitting, beating, pushing, shoving, etc. These can be enhanced if it can be proven that a weapon of any sort was involved, like a blunt object, bladed weapon, fist, firearm, etc. Sexual crimes are often claimed and charged, such as forms of sexual assaults, touchings, and allegations of rape (which is any form of non-consensual sexual conduct). It is also not uncommon for a charge of false imprisonment to be made if someone is locked or barricaded in a room or vehicle.
For obvious reasons, if any form of serious bodily injury occurred, your criminal defense will be more difficult. But, even where bodily injury has occurred, a successful criminal defense will depend on the facts of the case.
Possible Defenses
As with any criminal charges, there can be many possible defenses. For example, in many domestic violence cases, it can be shown that self-defense or defense of others was the motivating factor. For these defenses, essentially, the argument is that the alleged victim was, in fact, the aggressor that initiated the violence against you or another person — like children — present at the time. Here, it may be important to show that you — the accused — suffered injuries too. A similar defense involves showing that the force used was reasonable to de-escalate the situation and allow you to remove yourself from the premises. If a person is trapped in a room, for example, it is lawful to take reasonable actions to escape and avoid making the situation worse.
Other defenses might include the following:
- Complete innocence — it did not happen
- Provocation — sometimes available as a defense
- Technical legal, procedural, and constitutionally protected rights defenses
Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 705-5137. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.
