Maryland Domestic Violence Defense Lawyers

Experienced Defense Lawyers Handling Domestic Violence Charges in Maryland

Domestic violence assaults are far and away the most common assault charges in the state of Maryland. Spouses, domestic partners, and household and family members often have disagreements. Unfortunately, it is not uncommon when emotions are triggered, and/or alcohol and drugs are involved, for people to say and do things that they later regret. Once the police are called, they are required to take action, and rare is the situation where one or both parties to these physical arguments will not be charged with a crime.

Having represented criminal defendants for nearly 40 years, our firm has defended thousands of domestic violence cases. As a result of steadily increasing public awareness related to these types of cases, most judges in Maryland are imposing harsh sentences for domestic violence offenders. In these types of cases, it is crucial that a defendant obtain an experienced criminal defense attorney as soon as they are charged.

At Craig M. Kadish & Associates, LLC, not only do we prepare a strong defense for our clients, we also regularly make referrals to substance abuse, alcohol, and/or anger management counseling. These referrals are not made as a surrender of a defendant's case. Rather, they are meant to mitigate damage should a defendant be found guilty. Moreover, prosecutors will often offer alternative dispositions to defendants who have shown that they are taking their charges seriously and have moved in a positive direction.

How Is Domestic Violence Prosecuted in Maryland?

"Domestic violence" is not a specific crime in Maryland. Rather, acts of domestic violence typically fall into a specific kind of violent crime or sex crime depending on the incident.

The only unique aspect about domestic violence cases is that the police and courts will note the relationship between the alleged victim and the defendant, which may play a role in how the offense is prosecuted or sentenced in court.

Assault on a Family Member

If you are accused of physically threatening or attacking someone in your household, you may be charged with assault. Depending on the allegations made, the assault may be in the first degree, the second degree, or both.

In many instances, the "assault" is a push, a shove, grabbing someone, or even pinching/spitting. In most instances, these behaviors will be charged as a second-degree assault, which carries a maximum penalty of up to 10 years in jail and/or a $2,500 fine.

If the assault involves the use of a weapon, which can be anything from a kitchen utensil, to a lamp, to a firearm, or involves strangulation, it will likely be charged as a felony first-degree assault. A first-degree assault in Maryland is punishable by up to 25 years in prison.

Assault involving family members often involves complex interpersonal dynamics. It is important for a defendant's attorney to understand those complicated situations so that they can properly and aggressively present the defendant's case. At Craig M. Kadish & Associates, LLC, not only do we have decades of experience defending individuals charged with assault involving family members, our staff and lawyers take the time to learn the history behind the family relationships that led to the criminal charges in the first place.

Protective Orders

Protective orders are requests by one person to have the court give them protection from another person. However, to qualify for a protective order, a petitioner must have a specific type of relationship with their alleged abuser. The relationships required to obtain a civil protective order are between persons who are:

Married, divorced, or separated
Related by blood, marriage, or adoption
Cohabitants in a sexual relationship for at least 90 days in the past year
Parents who have a child in common
Individuals who have had a sexual relationship in the past year
A vulnerable adult and their abuser

The grounds for the granting of a protective order are all considered criminal acts. As a result, many individuals who are the respondent of a protective order petition also become criminal defendants for that same act. It is therefore essential to speak with an experienced criminal defense attorney before going to court for a protective order at any level. Anything you say at a protective order hearing can be used against you in a criminal case. It is therefore important to have your criminal defense attorney with you at the protective order hearing, even if you have not yet been charged with a crime.

As part of a protective order, you may be ordered to stay away from the petitioner or anyone else named in the order, pay emergency family maintenance, surrender all firearms, attend evaluations and counseling, and more. At Craig M. Kadish & Associates, LLC, we can advise you of how to respond to a protective order and help you avoid violating the terms of the order.

Speak With a Maryland Domestic Violence Defense Lawyer Today

A conviction of a charge involving domestic violence can have long-lasting repercussions. At Craig M. Kadish & Associates, LLC, our family violence defense attorneys can stand up for your rights and provide you with fair representation. Call us at 410-837-0020 or reach out to us online to set up a complimentary consultation today.