Legal Question in Criminal Law in Maryland

husband charged with assault

my husband and i got into an argument a couple a nights ago and he struck me in the face and my daughter called the police and they arrested him that night and he got bond after a couple of hours now he has an court date i didn't press charges this is the first time ever this has happen to me we are seeking counseling now for the situation when he go to court will he be lock up for something like this.thank you for listening


Asked on 8/17/05, 8:07 am

2 Answers from Attorneys
Joseph Laumann Law Office of Joseph Laumann, PA

Re: husband charged with assault

I would recommend that he seek the advice of an attorney. Assault 2 is punishable by up to 10 years in jail and or a $2500 fine.

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Answered on 8/17/05, 8:24 am
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: husband charged with assault

(This is not legal advice.) The Case is the State's, not your's. So the State decides if it want to press forward to trial or not. Because this has not happened before, you will be able to assert the "marital privilage." This privilege not to testify against one's spouce belongs to you. You may assert it once in Maryland. This testimonial privilege does not apply to your daughter or the 911 tape, however. So Obviously it is important for your husband to have a good lawyer ... Also, your husband needs to be cognizant and careful not to violate any pre-trial conditions such as a no contact with you, etc, if applicable. He may end up waiting in jail for trial and messing up his defense if he violates any of the pre-trial conditions. The law is complicated and each case is different. Your husband NEEDS A LAWYER.

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Answered on 8/17/05, 10:20 am


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