Wheaton, Maryland Assault Defense Lawyer

Trusted Defense Attorney for Clients in Wheaton, MD

When a tense scene boils over into an altercation, the police may get involved, and one or both parties may end up saddled with criminal charges. Even if you do not have a prior record, an assault charge can come with harsh penalties in Maryland. To make sure your rights are protected, consider working with a Wheaton assault defense attorney.

At The Law Offices of Gerstenfield & Demirji, PC., we know that there are two sides to every story. We can look into an assault case and review your options for your defense, whether it means seeking a reduction of charges or pursuing a full dismissal. With over a decade of legal experience, Attorney Robert Demirji is equipped to handle your case.

Second vs. First-Degree Assault Under Maryland Law

Maryland divides assault into the first and second degrees, and the difference can be enormous. Second-degree assault is the more common charge. In broad terms, it covers an unlawful offensive touching, an attempt to make unlawful physical contact, or placing someone in fear of imminent physical harm. In most cases, second-degree assault is a misdemeanor punishable by up to 10 years in jail and a fine of up to $2,500.

Maryland also has a felony form of second-degree assault for intentionally causing physical injury to certain first responders or peace officers, but the charge most people face is the misdemeanor version.

First-degree assault is more serious because it involves more dangerous conduct. A person can be charged with first degree assault for intentionally causing or attempting to cause serious physical injury, committing an assault with a firearm, or intentionally strangling another person. That charge is a felony punishable by up to 25 years in prison. In many cases, the line between first- and second-degree assault is based on the alleged injury, the weapon involved, and how prosecutors describe the facts. That is one reason it is so important to have a defense lawyer examine the evidence early.

Representation for Domestic Violence Cases in Wheaton, MD

In Maryland, a domestic violence accusation is often prosecuted as an assault charge. When the allegation involves a spouse, former spouse, co-parent, household member, or someone in another qualifying relationship, the case may also be treated as a domestically related crime upon conviction. That label can become part of the court record if the state asks for that finding and proves the relationship.

These cases can move fast, and the consequences can spread beyond the criminal charge itself. An accusation may lead to an arrest, bond conditions, no-contact orders, and protective order proceedings. Maryland courts describe domestic violence as abusive acts between family or household members, or victims of sexual assault, and assault is one of the abusive acts that can support a protective order. That means a person accused in Wheaton may be dealing with both a criminal case and a civil court order issue at the same time.

Different Defenses Against an Assault Charge in Maryland

An assault charge is not the same thing as a conviction. The prosecution still has to prove guilt beyond a reasonable doubt, and the right defense depends on the facts, the witnesses, and the available evidence. We can review different legal strategies, including:

• Self-defense (when reasonable and proportionate to the perceived threat)
• Defense of others
• Disputing false accusations
• Citing lack of intent
• Attacking weak or conflicting evidence

Our firm can look at body camera footage, witness statements, photographs, and other evidence to develop a sound defense strategy.

Contact a Wheaton Assault Defense Attorney Today

At The Law Offices of Gerstenfield & Demirji, PC., we know that an assault charge can affect nearly every part of your life, from your job to your family relationships. Call 301-589-9500 or contact our Wheaton, MD assault defense lawyer to set up a free consultation.