Differences Between Assault and Domestic Violence in Frederick County

Assault is a harmful or offensive, unconsented-to contact; or putting somebody in fear of harmful or offensive contact. It does not require that any physical contact took place so long as there is reasonable apprehension that it was to happen. Conversely,  domestic violence is a category of charges arising out of a relationship between parties. Domestic violence is not actually a specific crime, but rather a category of offense dictated by the relationship between the alleged aggressor and the alleged victim.

Understanding the difference between assault and domestic violence in Frederick County is essential in creating a successful defense and protecting your rights. A dedicated domestic violence lawyer could help you through this process.

Defense Evidence in Frederick County Assault Cases

Many assault charges are police-driven. If it is a DUI or a drug bust and an assault occurs during the arrest, police officers will testify as to what transpired. They have the evidence and are the ones who have a certain stance in society because of their career and occupation.

However, when dealing with second-degree assault in domestic situations, officers rarely actually witness the assault. They generally respond to a call and see the aftermath. In this scenario, a civilian witness, who is the complaining witness, will be providing the key testimony.

Primary Evidence for Domestic Violence Cases in Frederick County

The primary evidence in an assault case is the testimony of the alleged victim. They are the ones who take the stand and give the most significant evidence in a case. The photographs taken at the scene are also crucial evidence because by the time case comes to trial, injuries have often healed or faded. Or the photographs may show the lack of any injuries/marks which may not coincide with what a person claims happened.

If someone claims they were punched in the face repeatedly but have no marks, it may bring into question the credibility of the witness and the accuracy of their testimony. Unless there was any surveillance footage or third-party witnesses, the evidence supporting the claim of the alleged victim in these instances would be weak at best.

Any evidence offered at trial must be supported by testimony. At trial, it is generally admitted with support of testimony by an individual to convey to a judge or jury what relative importance the evidence has. A key difference between assault and domestic violence in Frederick County is the type of evidence that is often available.

Fighting Evidence With a Lawyer in Frederick County Assault Cases

A skillful defense attorney will object to the evidence, and if the objection is appropriate, the judge will disallow the evidence at the trial so a jury does not hear or consider the improper evidence. Working with an attorney could help you understand what evidence is applicable in your case and the key differences between assault and domestic violence in Frederick County.

While domestic violence is not a specific charge, it is a category of offense that may increase the likelihood of severe consequences in certain instances. If you are facing assault charges in Frederick County, call a local criminal defense lawyer to get started on your case.