Rockville, MD Domestic Violence Lawyer

Strategic Domestic Violence Attorney Protecting Your Rights in Rockville, MD

Domestic violence is a serious criminal accusation. The term conjures up the image of a person violently abusing a romantic partner or family member for no good reason. However, domestic violence does not always look like that in real life. Many people are arrested after a loud or passionate argument with a family member or romantic partner. Misdemeanor domestic violence and assault are not separate and distinct crimes in Maryland. If you are accused of assaulting someone you have or had a familial or romantic relationship with, you will be charged with assault.

Diamant Gerstein, LLC is experienced in defending people against assault charges when the parties share a domestic relationship. Our lawyers have learned over the years that domestic violence accusations are not always accurate and the incidents that lead to these arrests often do not fit the stereotype. We are committed to providing the best possible representation in these very serious criminal cases.

How Does Maryland's Domestic Violence Law Work?

Many states create separate offenses for assault and domestic violence. Maryland does not. People who allegedly commit an act of violence against someone they have a domestic relationship with are charged with assault. However, the court will take notice if the victim and offender share a "domestically-related relationship" and flag the case.

Cases where the court finds a domestic relationship between the victim and offender are taken very seriously. Courts may be inclined to use harsher sentencing in domestic violence cases, and you may find law enforcement monitoring you more closely. Putting forth a strong criminal defense is essential.

Will a Restraining Order Be Issued?

The court will probably issue a restraining order telling you to refrain from contacting the victim and to stay away from his or her home and workplace. This may be a real problem if you live with the victim, as the order means you cannot go home, even if the house or apartment is in your name.

You must obey the protection order, as violating it can lead to another arrest and more charges. If you and the victim lived together, you will need a police escort to briefly enter the home to collect some personal belongings, like clothes.

The Penalties for Misdemeanor and Felony Domestic Violence

Misdemeanor assault carries up to ten years in prison, while felony assault can get you sent to prison for up to 25 years. Domestic violence will probably be treated as a misdemeanor if the victim was largely uninjured and you were unarmed. If you used a firearm or other deadly weapon or caused to tried to cause serious bodily harm to the victim, you might be charged with a felony.

Courts take all assaults very seriously, especially assaults against family members or romantic partners. If you are convicted, the court may want to sentence you more harshly because of who the victim was.

What if I Was Acting in Self-Defense or Did Not Do It?

Police officers can misunderstand the situation when they are responding to a domestic violence call, leading them to arrest the wrong person. Often, police arrive to find two people telling two very different stories. Their tendency is to arrest the person who is in a highly emotional state rather than the person who is calm. This means that they may arrest a traumatized abuse victim instead of the abuser, who is calm because he or she has been in control of the situation.

If you were defending yourself or were errantly arrested based on your abuser's statements, we will do all we can to establish your legal defense.

Contact a Rockville, MD Domestic Violence Lawyer

Diamant Gerstein, LLC is skilled in defending people who have been accused of domestic violence. Our highly experienced Rockville, MD domestic violence lawyers will aggressively advocate for you. Contact us at 301-560-2685 for a confidential consultation.