Criminal charges that involve assault are serious, whether they are first-degree or second-degree assault cases. It’s important to note that assault also involves battery, and the two are not exclusive in Maryland. If you’re wondering how to get an assault charge dismissed in Maryland, the following information can help.
Whether the assault is simple and does not involve a weapon or is aggravated (where a weapon or firearm is used), the victim must feel in imminent danger of being hurt or killed.
If you’ve been arrested or charged with assault, it’s critical to speak with an experienced Maryland assault lawyer as soon as possible. The Law Offices of Alex Poberesky, P.A. can review your case, explain your legal options, and fight to have your assault charges reduced or dismissed. Call (410) 484-0400 today for a confidential consultation.
Can a Victim Drop Assault Charges in Maryland?
Simple assault involves a minor physical attack or threat. Aggravated assault includes more serious harm or the use of a weapon.
Whether the assault involves a case of domestic violence or stems from a public altercation, it’s up to police officers and the district attorney to investigate a criminal charge. Even if a victim does not want to pursue the matter at a later date, they can’t, by law, drop assault charges or change their mind.
While a victim can recant a statement they made to the police, they still report a crime, an activity that needs to be totally reviewed by the police and the prosecution.
The prosecutor—not the victim—is, therefore, the person who can drop the charges in assault cases or a domestic violence case. Again, once the victim has reported the crime, they can’t ask that the charges be dropped.
Legally, it’s in the best interests of the suspect to seek help from a criminal defense attorney in Maryland when they face charges from a family member, domestic partner, or other person for assault.
What Are the Penalties for an Assault Charge?
The penalties for assault in Maryland depend on the severity of the charge. Simple assault, typically considered a misdemeanor, can result in fines and up to 10 years of jail or prison time.
Aggravated assault, a more serious felony, may lead to longer prison terms and higher fines.
Dismissing Charges in the Criminal Action of Assault
In some cases, a criminal defense attorney may be successful in getting the assault charge dismissed. This might occur if there’s not enough evidence if eyewitness testimonies are unreliable. Additionally, it can happen if the accused can prove self-defense or the defense of others.
An experienced criminal defense attorney can argue for a dismissal or a reduction of the charges based on the specifics of the assault charge and case.
With the help of a criminal defense attorney, a person has legal options. Therefore, based on the circumstances of their case, many victims experience different outcomes.
Procedural Errors Made by the Police
A criminal defense lawyer can answer questions and request that assault charges be dropped if there are procedural difficulties with the arrest. For example, if a criminal defense lawyer can show that the accused wasn’t read their Miranda Rights by the police, they can get the charges dropped.
You have the right to remain silent and seek legal representation when you’re arrested by the police. The Miranda Rights protect the accused from making incriminating statements about themselves during and after an arrest.
Can You Be Prosecuted If the Alleged Victim Changes Their Mind After They Report the Crime to the Police?
Yes, in Maryland, you can still be prosecuted even if the alleged victim changes their mind about the assault. When a victim is unsure about going further with a case, the prosecutor, by law, is still the person who must decide whether to have the charges dropped.
If the victim has pressed charges with the police but changes their mind, they still reported a crime. So, by the law, they can’t ask that the charges be dropped. They have the option to draft and submit a statement to recant what they said for review by the prosecution.
The Role of the Victim in the Trial
In assault cases in Maryland, the victim plays a critical role in the prosecution process. They can provide essential testimony and other evidence that can influence the outcome of the case. Once again, the decision to drop charges still lies with the prosecutor in a criminal defense case.
The prosecutor may decide not to go forward with a trial. They can also drop charges if they lack witnesses or don’t have sufficient evidence from the police.
A lawyer can argue on your behalf to drop the charges or get them reduced. If they can’t get the assault charge dropped or dismissed, they may negotiate a plea deal with the prosecution.
What Happens If the Person Pressing the Criminal Charges Does Not Show Up in Court?
If the victim, who is a key witness in a criminal case, does not show up to court, the prosecutor may face challenges in proving the case beyond a reasonable doubt. This might lead to an assault charge being dismissed, but it is not guaranteed. Prosecutors might seek a continuance to compel the victim to testify or may proceed with other evidence in the case.
Civil Cases versus Criminal Assault Charges for Domestic Violence
The primary difference in civil or criminal actions for domestic violence is how they are handled. Civil matters involve non-prosecution in terms of jail time.
In domestic violence cases, a judge may issue a restraining order for up to one year. This is to minimize the contact between the victim and the defendant. A civil action or restraining order of this type is usually handled by a domestic violence lawyer. If a victim agrees to press charges for assault, the accused may also be facing a criminal case in the circuit court.
The state Attorney General oversees the activities of the courts in the state. Typically, district courts take on lesser offenses, such as misdemeanors that do not involve a jury, while circuit courts take on heavier offenses or felony crimes.
Requests Made by the Accuser
In civil and criminal actions for a domestic violence case, the requests usually come from the state or the prosecutor in the case. The accuser may not want the person to go to jail. Instead, they may want the person to get anger management training or pursue rehabilitation of a similar form.
However, when assault charges are made in assault cases, or when a victim decides to press assault charges themself, it’s up to the prosecutor to make a recommendation while the disposition is up to the judge. Even if no one is requesting jail time, the judge, in criminal matters, can still impose incarceration if they feel it’s required.
Making a Request to Drop Assault Charges
Dropping charges in a civil case or for a criminal action in Maryland, again, is up to the state or the prosecutor in the case – not the victims. However, as noted, a victim may recant a statement they made to a police officer about the crime.
It still doesn’t mean the prosecutor won’t go forward with the allegation and drop the charges. They still need to review the details and make a decision about the offense.
Moreover, an accuser may have to testify in an assault case unless they’re a protected party or have spousal privilege. If a person is married, they can invoke this privilege temporarily for one time.
If the defendant commits assault again, spouses who are victims can’t invoke spousal immunity. In these cases, if a victim refuses to testify, they can be found in contempt of court. If they do not show up, a judge can issue a show cause or have the person arrested.
Will the Charges be on Record if Your Case is Dismissed?
If your lawyer manages to drop your assault charges and avoid a conviction, the charge does not automatically disappear from your criminal record. Until the criminal charge itself is expunged, it remains on your criminal history.
If your assault charge is dismissed, your attorney may file for expungement three years after the disposition. They may file for expungement earlier if you agree and sign a General Waiver. This also includes the Release of the legal claims arising from the charge and arrest.
Seek the Services of a Criminal Defense Attorney in Maryland Now
Contact the Law Offices of Alex Poberesky, P.A. if you’ve been arrested for assault. Having an expert criminal defense lawyer in Maryland by your side will allow you to experience a better outcome in your criminal defense or assault case. We are available 24/7. Give us a call now at (410) 484-0400 so you can discuss your rights and defenses.
