Felony vs. Misdemeanor Domestic Violence In Maryland

There are two levels of charges for domestic violence in Maryland: felony and misdemeanor. Generally, misdemeanor charges are considered less serious and carry fewer fines and shorter potential time in prison/jail. However, both types of domestic violence charges are treated very seriously under Maryland criminal law. For example, the lesser charge — misdemeanor domestic violence — carries a potential prison sentence of 10 years. The more serious felony charge carries a potential sentence of 25 years. If you have been arrested or charged with domestic violence, you will need experienced and aggressive Maryland criminal defense attorneys. At minimum, you want any felony charges “knocked down” to misdemeanor charges. If possible, you want all of the charges downgraded to something like reckless endangerment. In any event, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200, or use our contact page. We are Maryland criminal defense attorneys with offices in Waldorf, MD.

Although domestic violence has its own provisions in the Maryland criminal code, domestic violence is considered a subset of Maryland’s assault and battery laws. That is, domestic violence is the unwanted and unlawful touching/hitting of another person, which is the same definition as an assault. Likewise, assault and domestic violence carry the same potential penalties.

The main difference between domestic violence and general assault is the relationship between the victim and the alleged perpetrator. In domestic violence cases, prosecutors must prove some family or household relationship between the victim and the accused. That could be a marriage relationship, a blood family relationship, a romantic partner (which does not need to be currently ongoing), a roommate, etc.

The main difference between felony and misdemeanor domestic violence is the seriousness of the harm or intended harm. Felony charges are brought when a weapon is used to commit domestic violence. Use of any type of firearm will almost automatically bring felony charges. But any dangerous weapon will cause felony charges to be brought, like a knife, a bludgeon, brass knuckles, etc.

Felony charges are also typically brought if the injuries are severe, life-threatening, or could have been severe or life-threatening. Some form of strangulation will almost always be charged as a felony, along with any assault that causes the victim to go to a hospital emergency room.

Potential Defenses

Possible legal defenses include many standard criminal defenses like constitutional or police procedural violations during the arrest, improper handling of evidence, alibi, mistaken identity, and innocence. At one point, the absence of witnesses proved to be a good criminal defense because, without complaining witnesses, convictions were difficult to obtain. Unfortunately, domestic violence cases are treated differently now. Prosecutors tend to go forward with prosecutions even if the victim has changed his or her mind about testifying and wanting the perpetrator to be punished.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is