Silver Spring Domestic Violence Attorney

Experienced Domestic Violence Lawyer in Silver Spring, MD

An argument with a significant other or family member can escalate into physical violence very easily. Emotions can run high when people who are dating, living together, or related to one another have a dispute. When domestic violence is committed between family members, all parties involved often regret the incident and wish that law enforcement had not become involved. However, domestic violence can be much more serious in other types of cases, especially when it is committed in the context of a romantic relationship.

The Law Offices of Gerstenfield & Demirji, PC. can help with all types of domestic violence cases. Our attorneys understand how the people closest to you are the most capable of hurting or angering you, and how easily a disagreement can turn physical. Even very minor forms of violence, like pushing the other party or grabbing their arm to stop them from leaving can be charged as domestic violence. Our lawyers will do all we can to provide you with the best defense possible.

Domestic Violence or Simple Assault?

The only difference between domestic violence and simple (misdemeanor) assault is who the victim is in relation to the offender. Actions that would have been considered just an assault if the victim was a stranger, neighbor, or acquaintance would be considered domestic violence if the victim was:

• A current or former spouse
• Your family member related by blood, marriage, or adoption
• Someone you have a child with
• Someone you live with
• Someone you have had a sexual relationship with in the last year

Dometic violence cases are generally taken more seriously than simple assault cases, especially when there is relationship abuse involved.

Can a Victim Drop a Domestic Violence Charge?

Victims cannot choose to dismiss a domestic violence charge, although they often want to. By the time a domestic violence case goes to court, the parties may have cooled down and forgotten about whatever disagreement led to the assault. However, prosecutors are unlikely to dismiss cases involving violent crimes, especially when the parties are in a romantic relationship and the victim's personal safety may be at risk.

However, a domestic violence charge may be harder for the state to prove if the victim stops cooperating with the prosecution.

What if I Did Not Touch the Victim?

You can be convicted of a domestic violence offense without ever making physical contact with the victim. Simply putting the victim in fear of imminent physical harm may be enough to sustain a domestic assault charge. Hitting the wall right next to the victim's head, throwing an object at them and missing, or pointing a weapon at them without firing may all be considered domestic assault.

False imprisonment—preventing the victim from leaving a room or the residence—might also be treated as domestic violence. Stalking the victim might also lead to domestic violence charges in Maryland, as a stalking victim would likely reasonably fear violence. Attempted rape against a romantic partner can also fall under this category, but these accusations would likely result in felony charges.

When Victims Are Mistakenly Arrested

Police officers are not always very good at telling the victim from the offender in a domestic violence case. The victim may be upset, panicked, angry, and yelling, while the offender may be incredibly calm. Few people who have just assaulted their romantic partners or family members will admit to it. The victim may not have obvious physical injuries—being shoved or having a weapon pointed at you might not leave a mark. The offender might have visible injuries due to the victim's attempts to defend themselves. These circumstances can lead to police mistakenly arresting the victim instead of the assailant.

Contact a Silver Spring Domestic Violence Lawyer

The Law Offices of Gerstenfield & Demirji, PC. is committed to helping people who have been accused of domestic violence. Our experienced Silver Spring, MD domestic violence attorneys will do all we can to provide you with the best defense possible. Contact us at 301-589-9500 for a complimentary consultation.