Maryland Assault Lawyer

Criminal Defense Attorney in Waldorf

Being charged with assault can be a scary and confusing event. If you are found guilty of the assault charges, you could be facing jail time or heavy fines. Having the legal representation of an experienced Charles County assault defense attorney can be very beneficial. Our attorney at The Law Office of Robert R. Castro is an accomplished criminal defense attorney serving various communities in Maryland. He has more than 20 years of legal experience and has provided successful defense for many clients.

What Constitutes Assault in Maryland?

Assault can be considered to be a violent crime is able to be committed in a few different ways. If someone commits battery by unwarranted physical contact, attempting to commit battery, or by someone in fear of being hurt by physical contact. It can be considered a felony if serious bodily harm happens, is attempted, or if it involves a firearm. Second-degree assault is normally considered a misdemeanor.

What to Understand About Defending Against Assault Charges in Maryland

Defining Assault Under Maryland Law

Maryland treats assault as a broad category that includes both physical attacks and credible threats of harm. First-degree assault involves either serious physical injury or the use of a firearm. Second-degree assault, more common in misdemeanors, typically involves less severe conduct but still carries the risk of jail time and a permanent criminal record.

Determining which charge applies often comes down to the facts—whether contact occurred, whether a weapon was involved, and whether the alleged victim experienced substantial fear or injury. These distinctions affect everything from bail conditions to possible sentencing, so working with an assault defense attorney in Maryland can be crucial early on.

Everyday Situations That Lead to Arrest

Assault charges frequently arise from emotionally charged interactions, such as family disputes, disagreements at work, or altercations in public spaces. Even if both parties engage in aggressive behavior, law enforcement may arrest one person based on their immediate observations. Once charges are filed, the case proceeds under the prosecutor’s control, regardless of the alleged victim’s wishes.

In domestic situations, emergency protective orders may be issued at the time of arrest, restricting living arrangements and contact with family members. In some cases, an incident involving forced entry could escalate charges further by adding allegations of burglary, making the need for a strong legal defense even more important.

What Prosecutors Must Prove

To secure a conviction, the prosecution must prove that the defendant either intentionally caused physical harm, attempted to do so, or caused another person to fear imminent harm. First-degree assault cases must show serious physical injury or the involvement of a weapon. Second-degree assault requires proof of offensive physical contact or credible threats.

Self-defense is often invoked as a legal defense, but it must be supported by evidence that the response was reasonable based on the threat faced. An experienced assault and battery lawyer in Maryland can help present evidence such as witness statements, photographs, or surveillance video to challenge the prosecution’s claims.

What to Expect During the Legal Process

The timeline for an assault case can vary depending on whether the charge is a misdemeanor or felony. Misdemeanor assault cases in district court can move faster, while more serious charges handled in circuit court may take several months to resolve. Pre-trial motions, discovery exchanges, and evidence reviews all contribute to the process.

Compliance with bail conditions and court orders throughout the case is critical. Violations can lead to additional charges and make defending the original case more difficult. Having steady legal guidance helps defendants understand deadlines, negotiate potential plea agreements, and make informed decisions.

Steps to Take After an Arrest

After an arrest, it is essential to avoid speaking to police officers or investigators without an attorney present. Even seemingly harmless conversations can later be used by prosecutors. Gathering supportive evidence, such as text messages, call records, or photographs, can assist in building a strong defense.

Identifying potential witnesses early can also be valuable. Memories fade over time, and early testimony can make a significant difference in assault cases where the events are disputed.

Errors That Can Affect Your Case

One of the most serious missteps is unintentionally violating a protective order. A violation can result in separate criminal charges and complicate the underlying assault case. Posting about the incident or parties involved on social media is another harmful mistake.

Communicating directly with the alleged victim may be seen as witness tampering, even if the intention was harmless. All communications should be handled through legal counsel to protect your rights throughout the proceedings.

Frequently Asked Questions

How long do I have to respond to an assault charge in Maryland?
You must appear on the court date listed in your charging documents. Missing a court date can result in an arrest warrant.

What is the difference between first-degree and second-degree assault?
First-degree assault involves serious injury or a weapon and is a felony. Second-degree assault involves offensive physical contact or threats and is often charged as a misdemeanor.

Is self-defense a valid defense to assault charges in Maryland?
Yes, but you must prove that the force used was necessary and proportionate to the threat you faced.

Can the alleged victim have my assault charges dropped?
No, only the prosecutor can dismiss charges, regardless of the alleged victim’s wishes.

What penalties can result from a second-degree assault conviction?
Penalties can include up to 10 years in prison and fines up to $2,500, though outcomes vary depending on the facts and criminal history.

Can an assault charge be expunged in Maryland?
Possibly. If the case is dismissed, you are acquitted, or specific time requirements are met after conviction, expungement may be possible.

If You Need an Experienced Defense Attorney, Contact Our Firm!

Whether you are facing felony or misdemeanor charges for assault, we can provide you with aggressive legal representation. Our firm is able to provide our clients with a detailed a thorough investigation to better understand the circumstances of their arrest. We can carefully review all police reports, evidence, and witness statements to help develop a sound legal strategy. Attorney Castro is an accomplished lawyer and businessman who can provide you with an honest assessment of your case.