Legal Question in Criminal Law in Maryland

Domestic Voilence

On 10/10/2004, I and my wife got into an argument we both injured each other. My wife got a some bleeding on her face. I felt sorry for that and had cut my own hand with a knife, so that my wife would calm down. However, in the heat of the moment my wife called up 911. Not knowing what could happen, initially we both started complaining against each other. But the police arrested both of us and charged us for second degree assault. Me and my wife love each other and were very stressed out as our infant son had a heart surgery a day before. He has been in hospital from last seven months. This has been the first incident in our life and we have learned from it. We both do not want to harm each other and do not want to testify against each other. On the recommendation of one of the place officers we are going for marriage councelling.Our doctor understood the stress we are going thru and is ready to write for us and even come to the court to inform about our stress in court.We both do not have any criminal record

Please let us know how your firm can help us and what could happen to us in this case


Asked on 10/13/04, 3:58 pm

3 Answers from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: Domestic Voilence

You need a lawyer to deal with the criminal charges, and your wife needs her own lawyer.

An attorney could attempt to have your case postponed on condition that you go through therapy for a period of time, then, if the therapy resolves the problem, ask the court to dismiss the case. Given that violence was involved, however, the court will probably want to keep you on probation supervision. You may also have to deal with Child Protective Services.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/15/04, 10:35 am
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: Domestic Voilence

I am sorry to hear about your son's condition and can empathise with you as my son needed surgery at the age of 3 months. I know that can be extremely distressing and both of you must have been under toxic stress levels. Im confident I can help you.

I have been a trial lawyer since 1993 (almost 12 years) I have successfully handled cases very similar to yours. In order to give you legal advice, I would need to meet with you for a confidential and detailed consultation. In the mean time do not discuss the case with anyone and do not make any statements to the police. I am sure you may have a mutual stay- away requirement as a condition of your pre-trial release bond. That is serious and you both will be arrested if the police find you violating any of those conditions. Call me at (301) 279-8773 to schedule a free consultation.

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Answered on 10/16/04, 6:27 pm
Dominic Fleming Dominic J. Fleming Trial Lawyer

Re: Domestic Voilence

Since this is the first incident each of you may claim "marital privilege" which prevents the state from calling you as witnesses. You may also invoke the fifth amendment which allows you to refuse to testify on the grounds of self incrimination. Be sure to have an attorney, esepecially the husband. Even when neither side wishes to prosecute the state may have independent evidence and choose to prosecute.

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Answered on 10/14/04, 10:55 am


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