When it comes to family violence, even an allegation can impact your life. That said, a criminal conviction may lead to serious consequences that could follow you for a long period. Even if you have never been in trouble with the law before, a conviction might affect your job prospects, impact your child custody rights, and—depending on the circumstances—potentially result in incarceration.
Challenging these allegations is possible, especially with the help of a skilled criminal defense attorney. The legal process is complex, and attempting to navigate it on your own might complicate your case. A Frederick County domestic violence lawyer could evaluate the case against you and provide insight into your options.
Domestic Violence Offenses
There are no individual crimes under Maryland law listed as “domestic violence” offenses. Instead, the prosecution could impact the penalties for existing offenses, such as assault, based on the relationship between the accused and the alleged victim.
Maryland law does not have specific enhancements related to family-based violence. While being found guilty of assault against a spouse carries the same sentencing range as assaulting anyone else, judges can take this relationship into account when making sentencing decisions. It is not uncommon for these situations to lead to steeper penalties.
Moreover, the police have the authority to make an arrest without a warrant if there is evidence that domestic violence occurred within the previous 48 hours. This includes not only injuring a family or household member, but also violating a restraining order or destroying property. Those facing charges in Frederick County could seek the help of a lawyer with experience in domestic violence cases.
The Court Could Issue Protective Orders
Judges have the power to issue protective orders when there is evidence that an individual has suffered abuse at the hands of a family or household member. These orders prohibit any contact between parties and can be issued by the court without hearing from both sides.
This is done to avoid emergency situations, but the target of the order has a chance to be heard in court as soon as possible. These orders are temporary until a formal hearing takes place.
How Can an Attorney Help?
Relying on the support of a Frederick County domestic violence attorney could have a direct impact on the outcome of a case. The right attorney could challenge the strength of the state’s case to get the charges dismissed. Before these motions are heard, an attorney will need to carefully investigate the allegations and speak with any witnesses.
A lawyer could also work with the prosecution to negotiate a reasonable plea offer. If the evidence is likely strong enough to lead to a conviction, securing the best deal possible is still an option. It might even be possible to show to a judge that, although the incident might have occurred, the parties do not qualify as household members.
When an agreement cannot be reached, the next step is to prepare for trial. In these situations, the support of legal counsel is especially crucial. The rules of evidence in these cases are complex and arcane, making it difficult to present all of the evidence before the judge. An attorney could help navigate these complexities.
Call a Frederick County Domestic Violence Attorney Today
If you have been arrested on suspicion of domestic abuse, do not delay in speaking with legal counsel at Price Benowitz. A Frederick County domestic violence lawyer could help evaluate the case against you and advocate on your behalf during court proceedings.
