Kensington, Maryland Assault Defense Attorney

Seasoned Assault Defense Lawyer for Clients in Kensington, MD

The consequences of an assault charge in Maryland may be more strict than you assume, even for "mild" cases where nobody was actually hurt. The courts take these cases very seriously, especially if the alleged offense involves domestic violence. If you have been arrested for assault, the smartest thing you can do in the short term is to get in contact with a criminal defense lawyer.

When looking for legal representation, you should entrust your case to an attorney with experience handling violent crimes. At The Law Offices of Gerstenfield & Demirji, PC., we are here to provide you with an aggressive defense, as many of our past clients can attest to in our reviews.

Is Domestic Violence Treated Differently Than Assault in Maryland?

In Maryland, domestic violence is not classified as a separate criminal charge. Instead, it is often prosecuted under the state's assault laws. What sets these cases apart is the relationship between the accused and the alleged victim. Incidents involving spouses, dating partners, family members, or individuals living together may be considered domestic in nature.

While the underlying charge is typically assault, allegations of domestic violence can carry additional consequences. Somebody accused of domestic violence may have a protective order placed against him or her, which can impose many different restrictions. Violating a protective order can lead to further criminal penalties. In addition, a domestic violence conviction can affect child custody, employment opportunities, and firearm ownership. These factors make defending against such charges especially important.

Degrees of Assault Charges

Maryland law recognizes two primary degrees of assault.

• First-degree assault is the more serious of the two. It involves intentionally causing or attempting to cause serious physical injury, often with a weapon. A conviction can lead to a felony record and up to 25 years in prison.
• Second-degree assault covers a broader range of conduct, including unwanted physical contact or causing minor injury. It is usually charged as a misdemeanor, though it can be elevated to a felony if the alleged victim is a law enforcement officer, probation officer, or certain other public servants. Penalties for second-degree assault can include fines of up to $2,500 and imprisonment for up to 10 years.

The severity of the charge depends on the nature of the alleged harm, the intent of the accused, and any aggravating circumstances present.

How Can I Defend Against an Accusation of Assault?

Defending against an assault or domestic violence charge requires careful examination of the events that led up to the arrest. A defense attorney can go over possible strategies to challenge a charge of misdemeanor or felony assault, such as:

• Showing that the accused used force to protect themselves or other people from imminent harm
• Challenging whether the prosecution has sufficient proof beyond a reasonable doubt
• Arguing that the contact or incident was accidental or misinterpreted
• Demonstrating inconsistencies in the alleged victim's account or uncovering motives to fabricate the claim
• Asserting that the accused was wrongly arrested for somebody else's crime

Each case is unique, and the defense strategy will depend on the specific allegations and available evidence. While assault charges in Maryland can carry serious consequences, a strong defense may help reduce or dismiss charges and limit the long-term impact.

Meet With a Kensington Assault Defense Lawyer

An assault charge has the potential to threaten your freedom and leave you with a criminal record. At The Law Offices of Gerstenfield & Demirji, PC., we will do everything possible to help protect you from the penalties of a conviction, whether by arguing for a reduced sentence with mitigating factors or pursuing a dismissal of charges. To schedule a free initial consultation with our firm today, call our offices at 301-589-9500 or contact our Kensington assault defense attorneys.