Is Domestic Violence the Same as Assault?

 Posted on August 27, 2024 in Criminal Defense

Navigating the legal landscape can be difficult, especially when it comes to understanding terms like "assault" and "domestic violence." In Maryland, these terms refer to different legal scenarios, and knowing the distinctions can be crucial for those who may be facing criminal charges. While both involve harmful actions, the principal difference lies in the relationship between the alleged victim and the alleged offender. If you are facing charges, contact a lawyer as soon as you can. 

Defining Assault in Maryland

In Maryland, assault is classified into two degrees: first-degree assault and second-degree assault. First-degree assault is the more serious of the two and involves an attempt to cause serious bodily harm or the use of a deadly weapon with the intention to inflict injury. First-degree assault can lead to severe legal consequences, often involving lengthy prison sentences.

On the other hand, second-degree assault generally involves causing harm or making someone fear he or she is going to be harmed without the use of a deadly weapon. Second-degree assault may include minor injuries or threats of violence and carries lighter sentences than first-degree assault. Understanding these classifications is important, as their legal definitions shape the charges a person may face.

Defining Domestic Violence in Maryland

Domestic violence, however, is specifically related to the nature of the relationship between the parties involved. In Maryland, domestic violence laws apply when the individuals are connected by blood, marriage, or romantic relationship. This includes spouses, former partners, cohabitating individuals, or those who share children.

Domestic violence encompasses various abusive behaviors, such as physical aggression, emotional abuse, intimidation, and control. The law identifies domestic violence as a pattern of abusive behavior distinct from assault, which can occur between any individual regardless of their relationship.

The Importance of Relationship Context

The primary distinction between assault and domestic violence centers on who the alleged victim is regarding the alleged offender. If the alleged victim has a familial or intimate connection to the alleged offender, the situation may be classified as domestic violence. Conversely, if the victim does not share any relationship with the alleged offender, the actions may be categorized under assault.

Contact Our Montgomery County, MD Criminal Defense Lawyer

Ultimately, while assault in Maryland is divided into first-degree and second-degree classifications, it is essential to recognize the role of relational context in determining whether the incident constitutes domestic violence. Understanding these distinctions is vital for those involved in legal matters, as they directly affect potential charges and available legal remedies. If you are facing charges related to domestic violence or assault, contact the Silver Spring, MD criminal defense attorneys with The Law Offices of Gerstenfield & Demirji, PC.. Call 301-589-9500 for a free consultation.