Rockville, MD Assault Lawyer

Aggressive Attorney Fighting Back Against Assault Charges in Rockville, MD

Having an assault on your criminal record can make a bad impression on future potential employers, landlords, and anyone else who might background check you. People might wrongly assume that you are a violent person without understanding what actually happened. It is very easy to find yourself facing assault charges after an argument escalates into physical violence. The seriousness of an assault charge depends on the circumstances of the case. You can be charged with an assault after something as minor as spitting and someone or as major as shooting someone. Regardless of the circumstances, you will need a highly experienced criminal defense attorney to represent you.

Diamant Gerstein, LLC is skilled in defending people who are charged with assault. We have seen in our years of experience that in an assault case, there is rarely a clear-cut victim and offender. Often, assault charges stem from a bar fight or dispute with a friend or neighbor. What starts as a verbal argument escalates into violence, and the police arrest whoever they think threw the first punch. Our attorneys will strive to put your case into context and will explore any possible defenses you may have.

Is Assault a Felony or a Misdemeanor?

A minor physical assault is usually a misdemeanor. Actions like pushing, slapping, or throwing a drink on another person are usually treated as simple assaults. However, assault can be charged as a felony in more serious cases. You might be charged with felony assault if:

• The victim suffered serious injuries.
• You tried to inflict serious injuries on the victim but were unsuccessful.
• You used a firearm or other deadly weapon.

There is a fine line between misdemeanor and felony assault. Punching someone in the face might be a misdemeanor if you barely leave a mark, or a felony if the victim's nose is broken.

Potential Penalties for Assault

Violent offenses are taken extremely seriously in Maryland. Even a misdemeanor assault can be punished by up to ten years in prison. Felony assault carries up to 25 years. If the evidence against you is overwhelming and being adjudicated guilty is inevitable, your lawyer can focus your defense strategy on getting the minimum possible sentence. A skilled attorney may be able to argue that significant jail time is unwarranted and probation is more appropriate.

Defenses to Assault

Possible defenses to assault include:

• Self-defense - If you reasonably believed that the alleged victim was going to cause you imminent bodily harm before you assaulted him, you may be able to claim self-defense. This is more likely if the alleged victim had the ability to cause you serious harm, for example, if he was much bigger than you or had a weapon.
• Lack of intent - People are occasionally charged with assault after an accident. For example, if you threw a beer bottle at the trash can but missed and hit someone, you may have been accused of intentionally assaulting her.
• Mutual combat - Two or more people may agree to fight each other. If there is some evidence that the alleged victim agreed to engage in physical combat with you, there may have been no assault committed.

The Difference Between Assault and Domestic Violence

Domestic violence is considered more serious than normal assault. The main difference between assault and domestic violence is the relationship between the victim and the assailant. If the two share a romantic or familial relationship, the case will be flagged as domestic violence. However, Maryland does not have a specific domestic violence law, so offenders will be charged with assault regardless of their relationships with the victims.

Contact a Rockville, MD Assault Lawyer

Diamant Gerstein, LLC will aggressively fight back against your assault charges. Our experienced Rockville, MD assault attorneys will do all we can to prevent this charge from having a great impact on your life. Contact us at 301-560-2685 for a complimentary consultation.