Being arrested for committing any crime is distressing. Being arrested for committing a violent crime can be terrifying. Not only does such an arrest put your reputation and employment in jeopardy, but you also stand in danger of losing your financial stability, your civil rights (e.g. the right to possess a firearm and the right to vote), your freedom and access to your loved ones. If you are accused of violent crimes in Silver Spring, Maryland or its adjacent counties, you have access to my competent, caring criminal defense practice: the Law Office of Asher Weinberg.
I am acutely aware of how stressful your situation is, and take my role as your legal counsel very seriously. I am committed to the principle that you are innocent unless proven guilty and I have well-honed skills to protect you from conviction. Having used a number of successful criminal defense tactics over the years, I am adept at evaluating your case and determining which strategies will be most effective for your particular facts and allegations.
Types of Violent Crimes
I am prepared to aggressively defend you against all types of major criminal charges. If you are arrested for- or even just accused of, one the following violent crimes- don’t hesitate to call me. The moment you do, you will begin to feel more in control of the situation, knowing that you have a strong criminal defense attorney at your side.
Intentionally setting a fire or causing an explosion in order to damage a structure is usually prosecuted as a second-degree felony, especially when extensive property is destroyed. Occasionally, when minor fires are set, particularly by juveniles, defendants may be charged with a misdemeanor, such as “criminal mischief”, or “destruction of property.” If people are injured by a fire that has been intentionally set, defendants are almost invariably charged with arson as a first-degree felony.
Assault and Battery
Assault is an intentional verbal or physical threat of an act of violence. This means that assault can occur without physical contact — for instance when someone raises a fist and shouts while close to another person. In cases in which the threat involves a weapon or the intent to commit a felony, the charge is elevated to aggravated assault. Battery, on the other hand, occurs when a person intentionally touches, strikes, or causes bodily harm to another person against that person’s will. Assault and battery may be charged as separate offenses or in combination and may be charged as misdemeanors or felonies depending on the circumstances.
What distinguishes domestic violence from other violent acts or threats is the nature of the relationship between or among the people involved. Close, frequently familial, relationships between the parties characterize domestic violence. The umbrella of domestic violence covers spouses (current or former), parents, children, romantic partners, or any people living within the same household, such as siblings or other relatives, as well as housemates or roommates. Domestic violent incidents cover a broad spectrum, from a slap or shove to a homicide.
The law recognizes several different varieties of homicide (the killing of another person without legal justification). One example is “voluntary manslaughter,” which occurs when a person intentionally commits an act that results in death, whether or not the death was intended. “Involuntary manslaughter” is the charge when one person’s negligence or recklessness causes the death of another, such as in a case involving DUI.
Murder is the deliberate taking of human life under illegal circumstances. Killing the enemy in war is not considered murder, nor is killing another person in self- defense. If you intentionally kill someone with premeditation (malice aforethought) or during the commission of another serious crime, such as robbery, you are charged with first-degree murder. If you intended to kill the person at the moment but did not preplan the attack, you will be charged with second-degree murder.
Robbery involves stealing money or property from another person by violence or threat of violence. In Maryland, robbery is a very serious offense. Even if you are convicted of “simple robbery,” (i.e. without a weapon), you may be sentenced to 15 years in prison. If you are convicted of armed robbery you may serve up to 20 years in prison.
Sexual Offenses or Rape
The state of Maryland, like the rest of the country, punishes sex crimes harshly. Sex crimes include those that may be distasteful or frightening, like indecent exposure, or involve unwanted, forcible kissing or other sexual touching. When the sex crime involves the forcing of a body part or object into another person’s vagina, anus or mouth, it is defined as rape. Factors that exacerbate sex crime charges are the use of threat or acts of violence, displaying weapons, or assaulting a person who is young, old, or incapacitated. Incapacity may involve a person who is mentally or physically challenged, impaired by alcohol or drugs, or who is a child or a person of advanced age.
Defenses to Violent Crimes
Once you become our client, the Law Office of Asher Weinberg makes you a priority. I have a number of strategies to protect you from conviction and will use the one I believe will work best in your particular case. Depending on your specific circumstances, I may be able to get your case dismissed, to lessen the charges against you through plea bargaining, or to win your case through litigating it at trial. The following are some of the defense strategies I may use:
- Alibi — You were not physically present when and where the crime occurred, a more proveable defense now that we have GPS and cell phone technology
- Mistaken identity — A witness or victim misidentified you because of lack of visual acuity, light or weather conditions, or your resemblance to the real perpetrator
- Deliberate false accusation — Someone is trying to frame you for vengeful or other malicious reasons
- Self-Defense — Though Maryland does not have a “stand your ground” law like some other states, you are definitely within your rights to shoot an intruder who breaks into your home or who is attempting to harm you or a third party.
- Lack of Intent – In order to be convicted of a violent crime, the prosecution must prove intent; if you struck someone accidentally or unintentionally touched an inappropriate part of his or her body, you are not guilty of a crime
Contact Our Silver Spring Violent Crimes Lawyer
I have practiced successful criminal defense law for a more than ten years. I know exactly how to poke holes in the prosecution’s case and to find places where they have insufficient evidence to support their allegations. Because the American “justice” system puts the burden of proof on the prosecution, and because I have the legal know-how and tactical skills to defend you vigorously, working with me at your side puts you at a distinct advantage. Contact me by phone or through my website so I can begin fighting for your interests. In addition to listening to your story carefully, I will go through police data and medical evidence with a fine-tooth comb and interview any and all witnesses. I will fight for your rights as hard as I would fight for my own.
The Law Offices of Asher Weinberg is located in Silver Spring and provides violent crime defense throughout Maryland including Montgomery County, Prince George County, Howard County, and Anne Arundel County.