Domestic violence is a pretty hot topic in the news these days. It seems as if society is finally beginning to realize just how serious this crime is and, unfortunately, how pervasive it is in America, including in Maryland. This is a good turn of events, but, at the same time, it is important to remember that anyone who is accused of committing domestic assault in Maryland has the constitutional right to defend themselves. Why is this important? Because not every arrest results in a conviction.
Domestic assault in Maryland covers a wide range of behavior. Physical harm, false imprisonment and threats are all different types of behavior that may constitute domestic assault. The actual crime that the defendant faces will depend on the facts of the situation. However, for a domestic violence charge to come into play, one of the key facts must be that the actions occurred between family members or members of the same household.
This is why, when any Maryland resident is facing a domestic violence charge, the exact details of the case need to be reviewed carefully. The defendant's criminal defense strategy could depend, in large part, on whether or not the prosecution has alleged the correct set of factual elements in the charge.
From there, other factors are important when planning a criminal defense strategy as well. Were there any other witnesses to the alleged altercation? Were there any physical marks left on the alleged victim in the incident? Can the alleged victim's honesty be impeached if the victim were to testify in a criminal trial? Maryland residents who are facing domestic violence charges need to know that they may have options to fight the charges. If you have questions regarding your case, you may wish to speak with a criminal defense attorney.