Legal Question in Criminal Law in Maryland

2nd Degree Assault

If you and your girlfriend live in Maryland and traveled in Virginia for the weekend, and got in a fight with your girl friend.

say you get in an arguement, she hits you and you hit her elbow. Now she gets a small bruise.

Now you travel back into Md and she presses assault charges on herboyfriend at

a Montgomery County court in Maryland.

When you get the warrant for your arrest, you should be able to have the case sreened by a states attorney to get the charges dropped

due to Montgomery County has no juridiction, correct?

That person, the girlfriend, should go into Virginia and file charges with THAT county government, is this correct??


Asked on 10/30/00, 10:09 am

1 Answer from Attorneys
Richard Winelander The Winelander Law Group

Re: 2nd Degree Assault

If the battery occured in VA Maryland Courts would not have jurisdiction and the case should be dismissed. Read the statment of charges to confirm that She said the battery occured in VA not MD. If she lied and said it happened in MD then you would have to prove you were in VA at the time of the event.

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Answered on 11/16/00, 3:53 pm


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