Baltimore Domestic Violence Lawyers

domestic violence

Are you facing domestic violence charges in Maryland? If so, you need an experienced Baltimore and Maryland domestic violence attorney on your side. Dealing with the legal system is often a stressful ordeal, and domestic violence convictions can affect your livelihood and relationships for years to come.

At Greenberg Law Offices, we understand the emotional toll that criminal charges can take on you and your family. With over 60 years of experience spanning three generations, we’re ready to protect your rights. We treat our clients like family, and we want to get the justice you deserve.

Contact us today for a free consultation with a Baltimore and statewide Maryland domestic violence lawyer. The sooner you call us, the earlier we can help.

What Are Maryland’s Domestic Violence Laws?

Domestic violence involves abusive behaviors between people in certain relationships. You may have heard domestic violence referred to as intimate partner violence, domestic abuse, spousal abuse, and child abuse.

In Maryland, domestic violence can involve the following people or relationships:

  • Spouses and former spouses
  • Parents
  • Stepparents who lived with their stepchildren for at least 90 days of the last year
  • People who share a child, even if they don’t live together
  • People who live together
  • People who were involved in a sexual relationship in the past year
  • People related by blood, marriage, or adoption
  • Children

People in these relationships are also eligible for protective orders, also known as restraining orders. Peace orders, on the other hand, are for different relationships. They apply to other people outside of the previously listed intimate relationships. For example, an employer can get a peace order against a former employee.

Maryland’s domestic violence laws do not categorize a single offense as “domestic violence.” In other words, there’s no specific domestic violence penal code section. Instead, Maryland categorizes certain crimes as “domestically related.” This allows law enforcement, prosecutors, and judges to exercise discretion when making arrests, charging suspects with crimes, setting bail, and sentencing.

The most common examples of domestically related crimes include the following:

  • Physical assault
  • Sexual assault
  • Violating a protective order
  • Revenge porn
  • Stalking
  • Harassment
  • False imprisonment
  • Threatened or attempted violence
  • Crimes of violence in the presence of a child

If you’ve been arrested for and charged with any of these crimes in Maryland, law enforcement and the prosecution may consider them domestically related. This can add additional, more severe penalties if you are convicted. A domestic violence lawyer in Baltimore who handles cases throughout Maryland can assess your case in order to craft a compelling defense.

What Are the Chances of Getting My Domestic Violence Charges Dropped?

You may wonder, “Can domestic violence charges be dropped?” Generally, the answer is maybe they can, but only by prosecutors. Further, the chances of getting domestic violence charges dropped will depend on the unique facts of your case, and you need a skilled lawyer to make sure the facts are conveyed to the prosecutor in a timely manner.

Another frequently asked question clients have is, “Can a victim drop domestic violence charges?” Many people assume that if a person is arrested and charged with domestic violence, the victim can change their mind and decide to dismiss the charges. However, this is not true: once a person is charged with domestically related crimes, dropping charges is solely up to the prosecutor. An accuser can ask the prosecutor to dismiss the charges, but it is not their choice. Furthermore, unless spousal or another privilege applies, an accuser can be compelled to testify in court, even if they don’t want to.

There are a few factors that determine whether your domestic violence charges will be dropped, including the following:

The outcome of every criminal charge depends on whether the prosecutors can prove their case. The strength of the evidence is one of the most significant factors. Without strong evidence for each charge, the prosecution is more likely to dismiss or reduce charges.

Witness testimony is a type of evidence. If a witness is unreliable or uncooperative, the prosecution may have more difficulty proving its case. However, it’s important to remember that witnesses can be compelled to testify, even if they don’t want to.

Prosecutors and judges always consider whether a defendant was previously convicted of similar crimes. For example, if you are accused of assaulting your significant other, prior domestic violence-related convictions will work against you. In contrast, if you have a clean record, that can help your case.

Prosecutors have leeway in deciding whether to charge someone. They can drop the charges if they feel the evidence is insufficient to prove their case.

Having a knowledgeable defense attorney on your side makes a big difference in your case. When you have an experienced, aggressive Greenberg Law Offices lawyer on your side, you can rest assured that we will pursue every possible avenue to get your domestic violence charges dismissed or reduced.

What Are the Types of Domestic Violence Charges in Baltimore?

Domestically related crimes can vary, but the following are the most common charges:

  • First-Degree and Second-Degree Assault – These charges include serious bodily harm and use of a weapon. The use of a firearm or strangulation incurs the harshest sentences.
  • Violation of Protective Orders – Violating a protective order is one of the few circumstances under which Maryland police officers must arrest the suspect.
  • Stalking, Harassment, and Threats – These crimes can be felonies or misdemeanors.
  • Crime of Violence in the Presence of a Child – This category encompasses rape, assault, and similar domestically-related crimes.

It’s important to note that most police encounters will not result in a domestic violence mandatory arrest. However, officers are required to arrest someone if they suspect the person has violated a protective order.

What Are Maryland’s Penalties for Domestic Violence?

Maryland domestic violence penalties depend on the crime and whether it’s a felony or misdemeanor. Penalties will also depend on the circumstances of your individual case. The best way determine what kind of penalties you could face is to call Greenberg Law Offices for a free consultation.

The following are common domestically related crimes and penalties:

  • First-Degree and Second-Degree Assault First-degree assault is a felony, punishable by up to 25 years in prison. Second-degree assault is punishable by up to 10 years in prison, $5,000 in fines, or both.
  • Protective Order Violations Failing to comply with a protective order carries a penalty of up to $1,000 in fines and up to 90 days in prison, or both, if it’s your first offense. Second and subsequent offenses will involve fines of up to $2,500 and up to one year in prison.
  • Collateral Consequences – It’s important to remember that a domestic violence conviction can have other consequences apart from jail time and fines. You may have difficulty finding employment or renting a home. If convicted of a felony, you will not be able to own or carry a firearm. However, Maryland allows convicted felons to vote after they’ve served their sentence, as long as their felony was not related to buying or selling votes.

What Can I Expect After a Domestic Violence Arrest?

If you are arrested for domestic violence, you’ll be taken to a police station. You will be fingerprinted and photographed. Depending on the specific reason for arrest, you may be allowed to go home or you may remain in custody. An attorney may be able to get you released on home detention.

It’s important that you avoid talking to law enforcement. Ask for a lawyer immediately and remain silent. When you are allowed a phone call, call Greenberg Law Offices or ask a family member to contact a lawyer for you. Your lawyer will help you manage bail and other legal issues. If you are not released, understand that every phone call is recorded and the prosecutor’s office listens to the calls. If you say something about the case, your statements will be used against you at trial.

What Are Common Defense Strategies for Domestic Violence Charges?

While domestic violence charges are stressful and scary, there are defenses available. Common defenses include:

  • Self-defense
  • False accusations
  • Lack of evidence
  • Mistaken identity
  • Violation of Constitutional rights
  • Procedural errors

Find out which defenses could apply in your case by calling Greenberg Law Offices today.

Who Can Make a Domestic Violence Complaint in Baltimore?

In Maryland, only certain people can make domestic violence complaints:

  • Children
  • Parents
  • People related by blood, marriage, or adoption
  • People who live together
  • People who share a child, even if they don’t live together
  • People who were involved in a sexual relationship in the past year
  • Spouses and former spouses
  • Stepparents who lived with their stepchildren for at least 90 days of the last year

Your domestic violence attorney can review the claims against you. If your accuser does not fall into one of these categories, that could be a defense against the charges. However, it’s important that you call Greenberg Law Offices as soon as possible — and do not talk to the police.