Defending Domestic Violence Charges in Frederick County
All domestic violence charges are incredibly serious and may potentially lead to significant time in prison. Fighting these accusations is a complex and difficult undertaking but a dedicated domestic abuse lawyer could help you in defending domestic violence charges in Frederick County.
Why Should Someone Contact a Frederick County Domestic Violence Lawyer?
Domestic violence is a category that encompasses numerous types of charges. The most common is second-degree assault, but it might also include:
- Harassment
- Stalking
- Protective order violations
- Any related offense of the above list.
When somebody is convicted of domestic violence, they will have a permanent criminal record as a guilty verdict that must be disclosed if ever inquired upon by an employer, a background check, or a review of any number of professional licensing or work-related checks. Convicted individuals often also face:
- Be placed on a period of probation notwithstanding incarceration
- Be ordered to pay a fine
- Be ordered to participate in an anger management program
- Be ordered to do community service
- Have further restrictions on their ability to live their life.
To have a conviction on an individual’s record means a judge or jury has determined that they committed a crime. A guilty verdict and a criminal record may be problematic for a multitude of reasons in the future, work-related and personal. They cannot own a firearm if they have been convicted of most offenses involving domestic violence, and it would definitely be a hindrance to them to live their lives in general in the future.
Essential Defense Evidence in Frederick County Domestic Violence Cases
Any evidence that is relevant to the case is essential to obtain and review in a domestic violence case. Domestic violence charges are often filed out of anger as opposed to any real act being committed. Any evidence in a domestic violence case that might illuminate what happened and the respective positions of the parties could massively influence the outcome.
Domestic violence cases are unique in that they are almost purely driven by the testimony of an alleged victim and their credibility is the crux of the State’s case. If there are things that undermine the purported victim’s testimony, the defense attorney must gather each and every bit of that evidence to challenge the veracity of the alleged victim’s testimony as well as the accuracy of recollection and any motive they may have to fabricate these charges.
Common Defenses for Domestic Assault cases
In many instances, an individual comes forward and presses charges or tries to pursue charges claiming they are the victim even if it was a mutually combative encounter. In those instances, a defendant may have been responding to aggression or defending themselves.
Oftentimes, the person who loses the altercation files the charges, even if they started the fight. If that is the case, it would be appropriate to file countercharges against the alleged victim and put things on more even playing field.
Self Defense and Defense of Others
Self-defense is what is called an affirmative defense. An affirmative defense negates criminal culpability, but it is limited in scope. Individuals have the right to take proper, reasonable, and necessary force to protect themselves against a perceived or actual threat, but their actions have to be relative, responsive, and not excessive to the threat. If somebody strikes another person, that does not give the person who was struck free reign to respond in any way necessary. Their reaction must be appropriate and necessary to remove themselves from the threatening situation and get away. An attorney with experience in domestic assault and self-defense cases may be able to apply their knowledge to build a successful affirmative-defense to eliminate or mitigate the criminal charges.
Defense of another person is also an affirmative defense with limited culpability and scope. An individual is permitted to intervene and take physical action, even with what would otherwise be considered an assault, if they reasonably believe that they are defending somebody else from an assault, even if that ends up being the wrong decision. So long as they take no more than necessary action to stop the altercation, it would be considered reasonable.
Work with a Dedicated Attorney Today on Your Domestic Abuse Case
If you have been charged with domestic violence, only an experienced local attorney could understand the full scope of the situation, have personal relationships with the prosecutors and judges, and know what techniques do and do not work for each particular judge and prosecutor. Call today to schedule your consultation and protect your rights while defending domestic violence charges in Frederick County.