Legal Question in Criminal Law in Maryland

First offense Domestic Violence

My boyfriend has been charged with Second Degree Assualt/Domestic Violence. He was under the influence of alcohol,blacked out and beat on me. It was witnessed by Sheriff's Deputies. He spent the night in jail was released on his own recognizance, ordered to seek alcohol treatment. He has begun a treatment program for the alcohol and also a batterer's program. He also attends therapy with me every week and we are working this problem out together. Court is scheduled for March 27,2002. This is his first offense, no prior history of violence. One other conviction of drug possesion, five years ago. What sort of penalites may apply ?


Asked on 2/11/02, 8:13 am

2 Answers from Attorneys
Joseph Trevino Law Offices of Joseph A. Trevino

Re: First offense Domestic Violence

I think he'll be fine. Depends on the county and the judge and the prosecutors as to how serious they wish to treat this. Domestic violence has received a lot of national attention and the Courts are getting very tough. Unfortunately, you won't be able to refuse to testify because you are not married. The State will want him found guilty even if no more punishment is sought. He will have a criminal record of course. If you need further assistance, call without any obligation. I wish I could be more helpful, but I need more information about the nature of any injury, the county you are in. I imgine you're AA county? Joe Trevino, Attorney. in MD 1800-924-6217. or 301-441-3131

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Answered on 2/11/02, 9:30 am

Re: First offense Domestic Violence

The penalty for second degree assault is a fine of not more than $2,500 or imprisonment for not more than 10 years or both. More important than the jail time is the conviction. The State does not need your testimony because the assault was witnessed by the Sheriff. Your boyfriend should get a lawyer NOW, to help him prepare his defense and argument to the Court.

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Answered on 2/11/02, 12:37 pm


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