Prince George's County Domestic Crimes Lawyer

There is a major flaw in the Maryland justice system that allows civilians to file charges against another individual without providing even a shred of proof. This flaw presents itself in domestic violence cases more than any other, as we have represented hundreds of innocent individuals that fall victim to the statement of charges system. In many states an individual must contact the police to file charges, and then the police investigate to determine whether there is probable cause to charge. Even after the police investigate and make a decision, the State’s Attorney or District Attorney’s Office reviews the case to before an official charging document is filed. This seems like a reasonable process where innocent people can avoid being charged with a crime. Maryland on the other hand has no such system of checks and balances, and false charges are rampant. An individual who writes a statement of charges needs only to establish the basic elements of a crime in the statement, and sign on the dotted line. After that, a District Court Commissioner is not required to determine whether the accusation is credible. Rather, they only look to see if the elements of the crime are met, and then can issue an arrest warrant with a simple signature on a piece of paper. Once this occurs an incredible force is put into motion that often results in innocent people sitting in a jail cell.

Do not let false charges impact you or a loved one, as a lawyer can fight back against this unfair system. Prince George’s County domestic violence lawyer Benjamin Herbst will fight to have your arrest warrant recalled and your charges dropped at all costs. If a summons to appear has been issued, Benjamin will fight to have the case dismissed before you set foot in an Upper Marlboro or Hyattsville courtroom. If you have been charged with assault, violation of protective order, destruction of property or any other domestic crime call Benjamin at 410-207-2598 for a free consultation. Benjamin is available 7 days a week to answer your questions and explain what defenses may be available in your case.

Second degree assault is the most common domestic violence charge in Prince George’s County and the rest of Maryland for that matter. It is a misdemeanor that carries a maximum penalty of up to 10 years, and a conviction that is marked domestically related could potentially stay on a person’s record for minimum of 15 years before it can be expunged. Second degree assault convictions result in a loss of firearm rights as well as having many other severe consequences. The State does not have to prove an actual injury in assault cases under Maryland law. For assault in the second degree all that is required is for the State to prove the victim was placed in fear of imminent harm. First degree assault, which is a felony with a 25-year maximum penalty, also does not require an element of injury, but if the victim was not actually harmed a firearm or other deadly weapon would have to have been used to threaten. For example, attempting to run someone over with a car is considered first degree assault in Maryland. Assault in the first degree can also be charged if there is an allegation of strangulation or if there is serious bodily injury. The fact that no injury is required is one of the main reasons why so many people are falsely accused and charged with assault in Maryland. Anyone can go to the commissioner’s office and accuse another person of pointing a gun at them or trying to run them over, and the commissioner will then likely issue an arrest warrant without asking questions.

The system is totally unfair, which makes it all the more important to have an experienced Prince George’s County domestic assault lawyer in your corner. Benjamin specializes in bail review hearings in Prince George’s County and all other Maryland jurisdictions. He has fought for dismissal of all kinds of domestic violence charges including assault, false imprisonment, destruction of property and violation of protective order and also represents clients in probation violations.