What Are the Legal Defenses Against Domestic Violence Charges?

 Posted on October 07, 2024 in Domestic Violence

Domestic violence usually falls under the crime of assault, which carries severe penalties in Maryland. The difference between domestic violence and assault is that domestic violence involves a close relationship between the perpetrator and the victim. They might be spouses, parent and child, or roommates. Facing a domestic violence charge can be a daunting and frightening experience, which is why it is important to hire a Maryland criminal defense attorney to protect your rights and your future.

What Is Domestic Violence?

There is no Maryland statute that specifically outlaws domestic violence against spouses or household members. Instead, domestic abuse is charged according to the nature of the act, such as: 

• Physical assault
• Rape or Sexual assault
• Threats of violence
• Stalking
• False imprisonment
• Revenge porn

Usually, when people think of domestic violence, they think of physical assault.

What Are the Penalties for Domestic Violence?

If someone commits a physical act of aggression against an intimate partner, child, or member of the household, he or she may be charged with one of two kinds of assault:

• Second-degree assault: This is a misdemeanor that carries prison time of up to 10 years and a fine of up to $2,500. 
• First-degree assault: If the assault involves a firearm, it becomes a felony and carries a prison sentence of up to 25 years.

What Are the Legal Defenses Against a Domestic Violence Charge?

There are several possible legal defenses your attorney can use to fight a domestic violence assault charge:

• Self-defense: You were acting in self-defense or in defense of someone else. Maryland law permits a person to exercise physical force to protect himself or herself or someone else from imminent bodily harm or death. If you can prove you acted in self-defense, you will need to prove that you were not the aggressor, that you faced imminent bodily injury, and that you used force proportional to the threat.
• Mutual affray: Mutual affray, or mutual combat, means two parties consent to engage in a fight. Neither one is more guilty of assault than the other. This does not mean the fight was legal but it may reduce the severity of the charge.
• Lack of evidence: The prosecution needs to prove you are guilty beyond a reasonable doubt. If the case is lacking evidence, it may lead to a dismissal of the charges.
• Consent: Consent can be a great defense against a domestic violence charge, though it is fairly uncommon. If you can show that your accuser consented to some rough play that led to an injury, for example, your charges may be reduced or dismissed.

Contact a Northern Baltimore County, MD Domestic Violence Defense Attorney

Someone who is convicted of a domestic violence act like assault can be sentenced to many years in prison. If you or someone you know is facing such a charge, contact Baltimore Legal Services. We have defended over 10,000 clients and offer flat rates for a personalized legal defense. Call us 24/7 at 858-523-8423 to speak with an experienced Harford County, MD domestic violence lawyer today.