In Maryland, the term “domestically related crime” carries significant legal weight and can have serious implications for those accused of such offenses. As an experienced criminal defense law firm in Towson, we at Shepard Law often field questions about this term. Today, we’re breaking down what it means and why it matters.
Defining a Domestically Related Crime
According to Maryland Code, Criminal Procedure § 6-233, a domestically related crime is defined as a crime committed by a defendant against a victim who is either:
- A person eligible for relief under the Family Law Article § 4-501; or,
- Someone who had a sexual relationship with the defendant within 12 months before the commission of the crime.
This definition casts a wide net, encompassing many types of relationships beyond what we might traditionally think of as “domestic.”
Who is a “Person Eligible for Relief”?
To fully understand domestically related crimes, we need to look at who qualifies as a “person eligible for relief” under Family Law § 4-501. This includes:
- Current or former spouses of the respondent (i.e., the accused)
- Cohabitants who have had a sexual relationship and lived with the respondent for at least 90 days within the past year
- People related to the respondent by blood, marriage, or adoption
- Parents, stepparents, children, or stepchildren who have lived with the respondent for at least 90 days within the past year
- Vulnerable adults
- Individuals who have a child in common with the respondent
- Individuals who have had a sexual relationship with the respondent within the past year
- Individuals alleging certain sexual offenses committed by the respondent within the past 6 months
As you can see, this definition covers a broad range of relationships, making the scope of domestically related crimes quite extensive.
The Legal Process and Implications
When someone is convicted of a crime or receives a probation before judgment, the State’s Attorney can request that the court determine whether the crime was domestically related. If the court finds that it was, based on a preponderance of the evidence, this finding becomes part of the court record.
This classification is more than just a label. It becomes part of the Criminal Justice Information System Central Repository, which can have significant consequences for the accused in future legal proceedings, employment opportunities, and more.
Why It Matters if a Crime is Domestically Related
The classification of a crime as domestically related can have far-reaching implications. It may affect sentencing, influence future peace or protective orders, impact child custody decisions, and even affect employment prospects, especially in fields that require background checks and/or professional licenses.
Moreover, a pattern of domestically related crimes can lead to enhanced penalties in future cases and may be considered at bail hearings for subsequent offenses.
Most commonly, Shepard Law encounters people who are unable to get a probation before judgment disposition expunged under the normal waiting period because the case was marked as domestically related. Normally, a person who receives a disposition of probation before judgment must only wait three years after fully satisfying the sentence imposed to file for an expungement. However, a probation before judgment that is marked domestically related means that the person must wait fifteen years after fully satisfying the sentence imposed to file for an expungement.
Seeking Legal Help if Charged with a Domestically Related Crime
If you’re facing charges that may be classified as a domestically related crime, it’s absolutely crucial to seek an experienced criminal defense lawyer. At Shepard Law, we have over twelve years of experience here in Baltimore County, Maryland and we understand the nuances of these laws and the potential long-term consequences of such charges.
Remember, being accused of a domestically related crime doesn’t automatically make you guilty. There are often complex circumstances surrounding these cases, and a skilled criminal defense attorney familiar with the local Baltimore County, Maryland courts can help ensure your rights are protected throughout the legal process.
Don’t let a domestically related crime derail your future. Contact Shepard Law today at (410) 648-4008 for a confidential, free consultation. We’re here to listen without judgment, advise effectively, and fight for your rights.
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