Salisbury Assault Lawyer | Ocean City MD Violent Crime Attorney

Protecting the Rights and Freedom of Those Accused of Assault

Assault charges can result from a simple argument, a bar fight, or an extremely violent altercation. Alleged victims also often fabricate charges in order to gain leverage in a divorce or some other domestic matter. No matter what the circumstances that led to the altercation, it is critical that you make sure the next steps you take protect your legal rights and any defenses you may have.

At the MacDonald Law Office, our number one priority is to help you defend yourself against these charges and the consequences that can result from every type of assault charge you may be facing, from simple battery to felony assault involving violent crimes such as sexual assault.

As former prosecutors, we know how the system works and how to deal with these charges in a thorough manner. To learn more, please do not hesitate to contact either of our offices in Salisbury or Ocean City, Maryland, today and schedule a free, confidential consultation to discuss your situation.

Assault Penalties

A misdemeanor assault charge should not be taken lightly. Unlike other states, in Maryland even a misdemeanor assault charge can result in up to 10 years in prison. Additionally, first degree assault, which is a felony, carries a maximum penalty of 25 years in prison. However, the prosecution must prove that a firearm was used during the commission of the crime or that you intended to cause serious bodily injury.

Defenses to Assault Charges

We recognize that there are two sides to every assault case and we want to make sure that your side is represented fairly. If drugs or alcohol were involved, these might be mitigating factors that should be presented as part of the case.

Often, we can explore invoking a self-defense justification argument if your actions were in response to being attacked. We may also use this argument if you did not raise the level of force. We may also even ask that assault or other charges be brought against the complaining party. As former prosecutors, we understand how crucial it is that you have a competent and skilled defense prepared to use to negotiate with the prosecutor and to present at trial.

Preparing Your Assault Defense

Part of our preparation is to help you preserve evidence that is relevant to your case, including:

Photographing any injuries you may have sustained
Saving torn and blood-spattered clothing
Receiving copies of doctor or hospital treatment
Filing a complaint with law enforcement
Gathering the names and phone numbers of any witnesses who can corroborate your side of the story
Looking into if there was any video surveillance at the location of the assault that can be collected and used
Subpoena any cell phone calls or text message records before, during or after the assault took place showing that the other party was the aggressor or a voluntary participant

We will also make sure to analyze whether any of your constitutional rights were violated, such as at the time of arrest or in how evidence was collected. We will also be sure to assess the Fifth Amendment issues if the complaining witness decides to plead the Fifth and avoid testifying under certain circumstances. We make sure to explore every angle since we know this is your freedom, your record and your reputation that is at stake.

Protective Orders

If your assault charge is accompanied with a peace order or protective order in court, we can also represent and defend you in this petition because if this is granted against and you ever violate the terms or are accused of violating them you can be charged with a crime and go to jail. We can help you avoid unwarranted orders if possible, by appearing on your behalf at the hearing where evidence is presented and refuting the allegations, presenting evidence to disprove the violation. You can also testify on your own behalf.

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