A Montgomery County Homicide and Violent Crimes Lawyer Who Will Advocate For Your Future and Freedom
It may come as a surprise to most people that they actually need a defense attorney before they are even charged with a crime. A skilled Montgomery County violent crimes lawyer, such as those at Meyers Defense, understands that it takes quick and critical thinking to begin gathering evidence as quickly as possible. Investigative work takes time, witnesses tend to “forget” things, the evidence tends to disappear, and perhaps most importantly, the police will already be conducting their own investigation, especially for homicide or other violent crimes.
Contact a Montgomery County violent crimes lawyer at Meyers Defense immediately if you even suspect you may be charged with a crime. We will work with you to strategically develop answers and responses to anything the police may allege. Your procrastination may cost you your freedom.
Assault and Battery in Maryland
Assault and battery mean many different things in different states. Assault in Maryland means the crimes of assault, battery, and assault and battery.
Assault means a person cannot (1) intentionally cause or attempt to cause serious physical injury to another or (2) commit an assault with a firearm. So under section (1), you cannot purposely injure or try to injure another person by, for example, striking them with a rock or throwing a rock at a person and missing, and under section (2), you cannot shoot another person or try to shoot another person and miss. Like many crimes, assault, for example, comes in degrees depending on the seriousness of the crime.
A Montgomery County violent crimes lawyer at Meyers Defense understands that there are defenses that may be raised on your behalf, including:
- Self-Defense. Self-defense can be a successful defense if you were attacked and only acted to protect yourself.
- Affirmative Defense. is often thought of as the defense of others.
- No Credible Threat. This defense may be successful when there was no plausible threat of injury or when the victim never truly feared injury.
- Mistaken Identity. The mistaken identity defense can be used when it is unclear who was involved in the assault.
Domestic Violence and Peace and Protective Orders
Domestic violence is considered one or more abusive acts between family or household members or victims of sexual assault. Victims often seek out a protective order or peace order following an incident of domestic violence.
Both protective orders and peace orders are issued with minimal due process. If you find yourself served with a protective order or peace order and did nothing wrong to justify such an order, contact a Montgomery County violent crimes lawyer at Meyers Defense. We’ll see to it that unwarranted orders are rescinded.
A protective order is a court order that says one person must refrain from doing certain acts against another person. It is Maryland’s version of a restraining order or stay-away order.
Individuals will often seek a peace order instead of a protective order when the matter involves relationships that include neighbors, strangers, or someone with whom they have a non-sexual dating relationship. Again, a Montgomery County violent crimes lawyer at Meyers Defense can help with an extensive list of protective order tactics, strategies, and defenses, including:
- Modifying a protective order. A Montgomery County violent crimes lawyer can ask the court to modify a protective order. The notice must be given to all affected persons, and a hearing is required.
- Getting a new, more favorable protective order. Whether you should modify your existing protective order or seek a new protective order is an issue you should discuss with a Montgomery County violent crimes lawyer. It depends on the specific facts and circumstances of your situation.
- Rescinding or terminating a protective order. A Montgomery County violent crimes lawyer at Meyers Defense can ask the court to rescind a protective order. The notice must be given to all affected persons, and a hearing is required.
- Appealing a protective order. If a District Court granted or denied the protective order, then the decision can be appealed to the circuit court in the county where the District Court is located. You’ll need the help of a Montgomery County violent crimes lawyer at Meyers Defense.
Peace orders are handled in substantially the same way.
Kidnapping in Maryland
When a person in Montgomery County is accused of kidnapping another person, whether a child or an adult, the judicial system takes it very seriously.
Innocent behaviors are frequently misinterpreted as something far more serious or malevolent. If you have been charged with kidnapping, you will want an experienced Montgomery County violent crimes lawyer on your side who understands the system and the related defenses.
Child Abuse in Maryland
Generally speaking, Maryland law categorizes child abuse into four main types:
- Physical. Physical abuse means physically injuring a minor through cruel or inhumane treatment or through a hostile act such that the minor’s health or welfare is harmed or threatened. Examples of physical abuse may include any “non-accidental” injury to a child inflicted by a parent or guardian, such as scrapes, cuts, bruises, and fractures caused by kicking, hitting, shaking, or throwing objects.
- Sexual. Sexual abuse includes incest, rape, sexual offense in any degree, sodomy, and unnatural or perverted sexual practices. Law enforcement officers almost always suspect family members or close family friends as the culprits.
- Emotional. Emotional abuse includes any intentional statement designed to make the child feel unloved, unwanted, worthless, or endangered. This type of abuse ranges from constant minor insults to extreme punishment.
- Neglect. Neglect occurs when a parent or guardian has a pattern of intentionally failing to provide for a child’s basic needs such as water, shelter, food, and medical or health care, and may include physical neglect, medical neglect, emotional neglect, and educational neglect.
If you are facing an accusation of child abuse, a Montgomery County violent crimes lawyer at Meyers Defense can help you devise and assert any number of available strategies and defenses.
Homicide is when one human being causes the death of another. However, not all homicides are necessarily murder, as some killings are considered accidental or even lawful, such as when justified by an affirmative defense like insanity or self-defense.
Homicide is an umbrella for various types of killing, and some are much more serious than others. A Montgomery County homicide attorney will clearly explain these homicide categories to you and fight for your rights if you are facing charges.
Manslaughter is one of the lesser charges of homicide. In Maryland, a person may commit manslaughter for killing another person even if there was no intent to kill. Under Maryland common law, involuntary manslaughter is unintentionally killing while performing a non-felonious unlawful act, a negligent act, or a negligent failure. Voluntary manslaughter is an intentional killing that is less criminal than murder because there was a justified provocation or not enough time to cool down (“heat of passion”) manslaughter.
Potential defenses may include:
- Self-defense or defense of another may serve as a defense or could decrease murder to manslaughter. Other defenses may include innocence or insanity.
- Also, voluntary intoxication or getting drunk or using drugs of your own will is a defense to first-degree murder, but it is not a defense to second-degree murder, which would mitigate it to manslaughter.
First-degree murder is defined as a murder that is either:
- Premeditated, willful, or deliberate.
- Committed by a person who waited for the victim to arrive, i.e., “lying in wait.”
- Committed by poisoning.
In addition, the Maryland Criminal Code also considers murders that occur during the commission of another serious crime to be first-degree murders, for example, a murder that occurs during a carjacking or other statutorily-specified felony.
Second-degree murder includes:
- Murders that lack the requirements for first-degree murder and attempted first and second-degree murder.
- Imperfect self-defense.
- Duress. Duress is a defense that asserts the defendant was forced or compelled to commit the killing.
- Insanity. The insanity defense is normally proven by submitting evidence of mental disease or defect of reason or mind.
Other than asserting these defenses, a person may submit a negative offense, which is the argument that the prosecution did not prove its case beyond a reasonable doubt.
All types of homicide can change your life completely for the worse. Therefore, it is critical to contact a Montgomery County homicide attorney immediately if you suspect you may be involved with any type of homicide. An attorney with Meyers Defense will help you to understand your charges, your strategies, your defenses and will fight for your future to achieve justice for you.
Stalking means a malicious course of conduct that includes actively bothering another to place them in reasonable fear of harm, false imprisonment, or death. Put more simply; you are not allowed to behave in such a manner to intentionally place an alleged stalking target in unreasonable fear for their own or another’s safety.
Unfortunately, it is easy to get caught up in the stalking fervor by simply living your day-to-day life. For example, maybe you are neighbors with the person, perhaps you share the same circle of friends, or maybe your intentions have been misinterpreted. “Intent” is challenging to prove, as it should be. However, a Montgomery County violent crimes attorney at Meyers Defense can help you if you have been accused and even before you have been accused.
If You Even Suspect You May Be Accused of Homicide or a Violent Crime, Contact a Montgomery County Homicide and Violent Crimes Attorney at Meyers Defense
The police may be already investigating and preparing potential charges against you, and you should be preparing as well. Meyers Defense will help you get in front of any accusations that will appear with you at any police meetings, arraignments, and other critical pretrial hearings, in order to zealously defend you as soon and comprehensively as possible. Contact us today.