Maryland Spousal Abuse Penalties

Maryland spousal abuse penalties include several years in jail and significant fines. A conviction can also lead to severe consequences in one’s professional and personal life. If you have been charged with spousal abuse, contact an experienced lawyer right away. An accomplished spousal abuse lawyer could advocate for you and help you build a strong defense.

Penalties and Long-Term Consequences of Spousal Abuse Charges in Maryland

In Maryland, an individual accused of spousal abuse could be charged with a misdemeanor for second-degree assault, which carries a penalty of up to 10 years in jail.

If the accused person’s alleged offense is more severe or if there is a history of violent, harassing, or abusive behavior (especially by the accused person against the alleged victim), the potential Maryland spousal abuse penalties against the accused person could increase. First-degree assault in Maryland is a felony that carries a penalty of up to 25 years imprisonment.

Behavior that constitutes spousal abuse can also include sexual assault, rape, or even murder, and the penalties for those charges can include life in prison. Spousal abuse is a broad category covering a broad range of behaviors and offenses. Anyone charged with any type of spousal abuse could also face the stigma that often comes with this type of offense since most violent or abusive behavior is socially unacceptable and can carry some degree of social, professional, and personal stigma that can lead to embarrassment.

Accusations or charges of domestic violence could impact the accused person’s reputation and could lead to more serious consequences, such as losing their job or professional responsibilities. When the alleged behavior is directed against a spouse, it can be considered a form of domestic violence, and those collateral consequences and stigmas associated with the criminal offense of abuse can be increased, given the enhanced stigma and social unacceptability of spousal abuse.

Aggravating Factors in Spousal Abuse Cases

One of the factors that can aggravate potential penalties for those charged with spousal abuse is whether or not the accused individual has been found guilty of spousal abuse or similar offenses in the past. If they have, it can lead to enhanced penalties under the current charge. Whether or not the accused individual was subject to a court order, such as a protective order, at the time of the alleged offense can also lead to higher penalties, as violating a protective order could be an additional charge.

Also, if the alleged victim is particularly vulnerable because of a medical condition or other debilitating circumstance, the accused individual could face enhanced penalties.

Aggravating factors to the potential penalties for spousal abuse can include whether or not a weapon was involved, if there were severe injuries to the alleged victim, or if the accused person’s reported conduct was particularly egregious.

Are There Any Mitigating Factors?

It is possible for mitigating factors to be uncovered in cases involving spousal abuse. Some mitigating factors have little to do with the alleged offense or attempting to justify or excuse the alleged conduct. Instead, they could provide information about a person’s background, contextualize the alleged conduct, or provide a broader representation of the accused individual’s character to show that the alleged conduct is not necessarily representative of who that individual is.

Mitigating factors that lawyers investigate can include whether or not a defendant is active in their community, if their profession is service or community-oriented, or if they have a background in the military or public service. Such mitigating factors might not be used to excuse or justify criminal conduct, but they could help contextualize and demonstrate that the individual should not be defined by the conduct that they are being accused of from a single point in time.

Other mitigating factors could relate to someone’s health or other factors affecting their wellbeing. There may be mitigating factors that, while not offering a legal defense, may speak more directly to the actual conduct. If an interaction or incident was some sort of mutual confrontation, it may not be a legal justification for reported abuse or certain types assault, but it could contextualize the incident and possibly be a mitigating factor. A provoked alleged assault may still be deemed an assault, but it could be treated differently than an unprovoked assault.

Contact a Maryland Lawyer When Facing Spousal Abuse Penalties

If you are facing Maryland spousal abuse penalties, you should reach out to a defense attorney right away. A lawyer could investigate your case, gather evidence, negotiate with the prosecutor, and build a strong defense to help get your charges mitigated or dropped. Call today and set up a consultation.