Malcolm Rivera
In Maryland, domestic violence is classified as a few different charges under the Maryland Code, including physical assault, actions that cause bodily harm, or any other type of violent attack. The use of a weapon during an assault can lead to felony charges, with penalties of up to 25 years in prison. In addition to physical violence, domestic violence can also include false imprisonment, stalking, and posting intimate images without consent. The nature of the relationship between the accused and the victim is crucial, as domestic violence involves the mistreatment of a family member or intimate partner. The social stigma and employment challenges associated with domestic violence convictions further emphasize the importance of understanding the charges and working with an experienced attorney.
| Characteristics | Values |
|---|---|
| Nature of Crime | Physical, sexual, verbal, emotional, or psychological abuse |
| Relationship with Victim | Spouse, partner, child, or vulnerable adult |
| Charges | Assault, harassment, stalking, false imprisonment, rape, attempted rape, posting intimate images without consent, reckless endangerment |
| Penalty | Up to 25 years of incarceration for first-degree assault; up to 10 years for second-degree assault |
| Protective Orders | Peace Order, Extreme Risk Protective Order (ERPO) |
| Additional Consequences | Impact on employment, education, and social standing |
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What You'll Learn
Assault and domestic violence charges
In Maryland, assault is generally part of domestic violence cases. Domestic violence involves individuals in a relationship with each other, which could be romantic or familial, such as parents and children or siblings. It is considered a domestic partnership, and an assault or threat of harm takes place.
The only difference between assault and domestic violence charges in Maryland is the potential for other charges, such as harassment and stalking. The maximum penalty for second-degree assault is 10 years in jail, while first-degree assault, which involves a substantial injury or a weapon, can carry up to 25 years in jail.
In domestic violence cases, the relationship between the individuals involved is crucial. If the accused is found guilty, the penalties depend on the specific criminal conduct alleged. Protective orders are also an important aspect of domestic violence cases, and violating such an order is an independent criminal charge in Maryland.
It is important to note that judges tend to treat domestic violence cases more harshly than general assault, especially when the victim is an intimate partner, a spouse, a child, or a vulnerable adult. Therefore, anyone facing domestic violence charges should consider retaining a lawyer to help build a defence and minimise potential penalties.
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Harassment and stalking
Stalking is defined as a "course of conduct" that as a whole leaves the victim in fear of being harmed. This is further defined as a persistent pattern of conduct, occurring through a series of acts over time, indicating a consistent and continuous purpose. Stalking is also defined as repeatedly pursuing or approaching another individual with the intention of putting that person in reasonable fear of bodily injury. Stalking is a serious crime that can lead to jail time and fines. A conviction can result in a jail sentence of up to five years and fines of up to $5,000.
Maryland law also prohibits the misuse of telephones or electronic communication in the context of stalking and harassment. This includes making obscene, indecent, filthy, or lewd comments, proposals, suggestions, or requests. A conviction for misuse of telephones or electronic communication can result in a jail sentence of up to three years and a fine of up to $500.
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Abuse and intimate relationships
Domestic violence and abuse in intimate relationships can take many forms, including physical, sexual, and psychological maltreatment. It can occur between spouses, boyfriends and girlfriends, or gay or lesbian partners. Domestic violence can also occur between parents and children, adult children and elderly parents, or siblings. While it can happen in all relationships, the majority of domestic violence is perpetrated by men against women.
Intimate partner violence (IPV) is a human rights violation and a public health issue. It includes violent crimes such as homicide, rape, and assault. However, abusive behaviour does not always involve tangible violence. Emotional abuse, which is more common among younger participants, can include verbal assault, dominance, control, isolation, ridicule, or the use of intimate knowledge for degradation. It often precedes physical abuse and is designed to control, subdue, punish, or isolate another person through humiliation or fear.
In Maryland, the most common form of domestic violence is assault, which can result in up to 10 years in jail for second-degree assault and 25 years for first-degree assault. Other charges may include false imprisonment, stalking, posting intimate pornographic images without consent, and rape or attempted rape. Violating a protective order is also an independent criminal charge in Maryland. Given the serious consequences of domestic violence charges, it is important to retain a lawyer who can help minimise penalties and develop a legal strategy.
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Protective orders
To obtain a protective order, an individual must file a Petition for Protection from Domestic Violence, detailing the history of abuse, the reasons for seeking protection, and the desired relief. This petition can be filed with the Clerk of the Court during normal business hours, which are Monday through Friday, 8:30 a.m. to 4:30 p.m. If the courts are closed, individuals can file their petition with a District Court Commissioner's Office or electronically, as authorised by House Bill 296 (Ch. 334)/Senate Bill 280 (Ch. 335).
Once the petition is filed, a hearing will be scheduled, during which the petitioner will explain the abusive behaviours and events to a judge or commissioner. If the relationship qualifies and abuse is found to have occurred, an interim protective order may be issued, lasting about two days until the temporary hearing. At the temporary hearing, a judge will determine whether to extend the protective order, which typically lasts for seven days until the final hearing. After the final hearing, the court may grant a final protective order, providing safeguards for up to a year, including provisions for jointly owned assets, counselling, and financial support.
It is important to note that violating a protective order is an independent criminal charge in Maryland, and individuals can be arrested solely for this misdemeanour. Protective orders are a crucial aspect of Maryland's domestic violence legal framework, and individuals facing or seeking to file domestic violence charges are advised to consult a lawyer to navigate the potential consequences and complexities of these cases.
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Felony assault charges
In Maryland, felony assault charges can arise from domestic violence cases, which involve individuals in a relationship with each other. This relationship could be romantic or familial, such as between parents and children or siblings, but it essentially involves people who are part of the same household, and an assault or threat of harm takes place.
The maximum penalty for second-degree assault in Maryland is 10 years in jail. However, if the assault is elevated to first-degree, the penalty increases to 25 years in jail. First-degree assault charges are felony assaults and involve threatening someone with death or serious physical injury, or causing substantial injury. For example, if someone hits another person and breaks a bone, or the person falls, hits their head, and falls into a coma, these scenarios could lead to a felony assault charge. Additionally, first-degree assault charges can involve the use of a weapon, such as a gun or knife, or another object that can cause serious bodily injury.
In the context of domestic violence, judges tend to treat cases more harshly, especially when the victim is an intimate partner, a spouse, a child, or a vulnerable adult. The nature of the relationship between the accused and the victim can elevate the severity of the charges and influence the judge's decision-making.
It is important to note that domestic violence cases can be complex, and victims may face challenges in pursuing criminal charges. For instance, victims may experience fear of financial repercussions or further violence if they proceed with the charges. Additionally, court dates may be set far in the future, allowing time for emotions to cool down, and victims may change their minds about pressing charges.
Given the complexities and potential for severe penalties, it is advisable for individuals facing domestic violence or felony assault charges in Maryland to seek legal counsel from experienced domestic violence lawyers. These lawyers can guide them through the legal process, build a strong defence, and work to minimise any potential penalties or consequences.
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Frequently asked questions
In Maryland, domestic violence is classified as a few different charges under the Maryland Code. Physical assault, causing bodily harm, or any other type of violent attack can constitute a felony domestic violence charge. If a weapon is involved, felony charges may apply.
Physical assault can include any contact that results in substantial injury, such as broken bones.
You may file criminal harassment charges against an individual who repeatedly follows you with the intent to annoy, alarm, or harass you.
Felony assaults can carry penalties of up to 25 years of incarceration.
Domestic violence prosecutors cannot dismiss every case where the victim no longer wants to proceed. This is to prevent abuse of the criminal system and to protect victims from potential threats or retaliation from the defendant.
Note: Maryland does not have a specific domestic violence section in its criminal code, so it is important to consult with an experienced attorney to understand the specific charges and penalties that may apply.
