Differences Between Assault and Domestic Violence in Howard County

In Howard County, domestic violence is considered a category rather than a charge. There are two degrees of assault: first and second degree. Second degree is a misdemeanor, it carries upwards to ten years of incarceration and/or a $2,500-fine, and it’s a harmful, offensive, unconsented-to contact.

First-degree assault is the same as second-degree assault but with the added fact that there was either a use or brandishing of a dangerous or deadly weapon or there has been severe bodily injury, disfigurement, things of that nature. If you have a second-degree assault that rises to the level of first degree, that is a felony that carries upwards to 25 years’ incarceration.

Contacting a domestic violence lawyer can mean a world of difference when preparing a defense for assault and domestic violence charges in Howard County. Because assault is a type of charge and domestic violence is a category, a Howard County domestic violence lawyer can clarify the potential consequences you may be facing.

Defining Domestic Violence

Domestic violence is an overarching category, meaning that it is not a charge in and of itself. The category encompasses typically violence, allegations of violence, against domestically-related individuals, whether the relationship is husband-wife, boyfriend-girlfriend, brother-sister, or some other type of relationship.

In domestic violence cases, the difficulty is that is that individuals will likely have to or are going to inadvertently see one another or be around each other in the foreseeable future such as a pair of siblings or two parents that have a child together. Regardless of whether parents divorce or separate, they still have a child in common and will be connected for the remainder of their lives. Attorneys and the judge are more careful with domestic violence cases for the very reason that they cannot separate from one another.

Defining Assault

If two patrons at bar get into a bar fight over a sports game and an assault charge is filed,  the charge is second-degree assault but that is not domestic violence because the people involved are two strangers. They are treated a little bit differently because the two patrons of a bar will probably never see each other again and all they will do is address the issue of why the person committed a crime and what happened to the victim.

Differentiating Defenses

In Howard County assault cases, an important question to ask is whether the victim okay and what caused the person to commit the assault. Dealing with domestic violence in Howard County is more sensitive due to the existing history between the parties and the necessary ongoing relationship. Being overly oppressive can create certain hostilities and certain problems amongst the relationship.

Consequences

Although there are differences between assault and domestic violence, a charge of either offense will still appear on the individual’s record. The charges will still most likely show up as second-degree assault. It is always better to seek legal guidance from a Howard County domestic violence lawyer before proceeding to trial.