Prince George’s County Domestic Violence Lawyer
Have you been charged with a domestic violence related offense? A Prince George’s domestic violence lawyer could guide you through the court process, and help prepare your case.
A seasoned and knowledgeable criminal defense attorney could take on your case. They understand the laws behind assault and domestic violence charges. Additionally, they know how emotional these cases can be. That is why they are here to help you.
Different Types of Domestic Violence Charges
There are various charges that constitute domestic violence. A domestic violence offense can include:
- False Imprisonment
- Rape or a sexual offense
According to Maryland Code Section 3-202, first degree assault, if a person is convicted, is punishable by up to 25 years in prison. The difference between second-degree assault and first-degree assault is generally whether there was a weapon involved, whether there was intent, and/or how serious any injury might have been.
Proving intent is a very important aspect of an assault case. According to Maryland Code Section 3-203, Second Degree Assault, those convicted of such a crime can be sentenced to ten years of prison and fined up to $5,000.
According to Maryland Code Section 3-802, stalking is defined as “means a malicious course of conduct that includes approaching or pursuing another.” This can be difficult for the prosecution to prove.
False Imprisonment is a legal term used to describe when one person holds another hostage, usually by some physical force.
There are many definitions listed in the statutes set forth in Maryland Code Sections 3-303, 3-304, 3-307, and 3-308. Any of these offenses, including rape and unwanted sexual contact, would count as a type of domestic violence charge. Additionally, the alleged attempt to commit any of these offenses would also count as a domestic violence charge.
Federal Domestic Violence Laws
There is no such thing as federal domestic violence. Domestic violence, like marriage, only exists in the state. The federal courts only have charges and cases that involve interstate commerce, which is something that affects state-to-state, such as drug trafficking, human trafficking, racketeering, and embezzlement of large-scale companies.
The only time that federal agents would ever get involved is if there were other charges or allegations that are related to interstate commerce, which is when charges fall under the purview of the federal government. Furthermore, the federal government is nationwide. They can only regulate and oversee things that affect the nation, not the state. States are subject to the federal government, but there are things that the federal government cannot control.
Why Domestic Violence is Not a Federal Offense
In order to understand why domestic violence is not and cannot be a federal offense, it can be helpful to think of marriage. Why do some states allow gay marriage and others do not and why cannot the federal government have any say? It is because it does not affect interstate commerce. The federal government cannot dictate what is and what is not. That is why each state is allowed to regulate them without consideration or oversight from the federal government. Domestic violence is the same category. The federal government does not do that. If there is domestic violence and it turns out that the couple is involved in drug trafficking, the federal government gets involved, because then it has that. Otherwise, there is no government involvement and it is up to the states to regulate it or prosecute it.
What is the Violence Against Women Act?
The Violence Against Women Act is not a charge and is not a category. It was an act that was passed by Congress to provide money to agencies to help women seek help if in domestic situations. The Act was a good thing that helped provide resources to women to get help. It has nothing to do with charges, prosecution, any category, or anything of that nature.
Potential Legal Defenses
PG County attorneys are familiar with the defenses available in order to contest these serious charges. Defenses to a domestic violence-related charge can include self-defense, coercion, duress, lack of intent among other rationalizations. Self-defense is a strong justification for an assault charge and other types of domestic violence charges. It is a frequently used defense in court.
They are here to assist an individual in every way possible. From building a defense to presenting a case before a judge in court, they are here to help a person with every detail of legal proceedings. They will meet with an individual to discuss every part of their side that may have happened in order to identify and establish the most robust defense possible. If there were any threats of violence made against an individual, or if they were physically harmed, that can help them in the legal proceedings.
Contact a Prince George’s County Domestic Violence Attorney
If you or a loved one have been charged with domestic violence, do not hesitate to contact a Prince George’s County domestic violence lawyer who will make sure that your rights are protected. Do not wait any longer. The help you need is just a phone call or an email away.