In Maryland, assault is defined as an attempt to touch someone else without their consent. Usually, the touching in question is an act of violence, such as a punch or threatening someone with a weapon.
I. ASSAULT.
One of the most serious forms of assault in Maryland is known as first-degree assault. First-degree assault occurs when someone causes serious physical injury to another person. Under Maryland criminal law, serious physical injury means that the victim could have died or was permanently disfigured or disabled due to the altercation.
- First-degree assault is a very serious crime, and it comes with a very serious penalty. Specifically, if you are convicted of first-degree assault, a judge may sentence you to a maximum of 25 years in prison.
- A lesser assault charge is known as second-degree assault. In Maryland, second-degree assault is defined as causing someone physical injury. This excludes minor injuries.
Although less serious than first-degree assault, second-degree assault still comes with a fairly stiff penalty. In fact, if convicted, you can face up to 10 years in prison and a $2,500 fine. - There are other subcategories of assault that each have their own punishments. For example, if you assault an officer of the law, you will automatically face a maximum of 10 years in prison. If you poison someone by contaminating their food or water, that counts as assault as well and comes with a maximum 20-year prison sentence.
II. Maryland Assault Defenses: Self Defense
- Many assault cases arise from fights, and often the person who started the fight is the one charged with assault. In these cases, self-defense is a commonly relied upon defense in Maryland.
- Self-defense is when you claim to have used physical force (possibly even causing physical injury) because you were protecting yourself or someone else from physical harm. For this defense to be effective, however, you must show that the amount of force you used to protect yourself was reasonable.
- Witnesses. You and your attorney will have to use witness testimony and any other evidence available to establish that you were indeed protecting yourself and that you did not start the fight. You will also need to show that the force you used against your would-be attacker was reasonable or else the jury may still find you guilty of some form of assault.
III. Maryland Assault Defenses: Lack of Evidence
Juries receive specific instructions regarding what must be proven beyond a reasonable doubt in order to convict someone of assault. This means that if there is not enough evidence to establish the criteria to convict you of an assault charge, you might be found not guilty.To show there is a lack of evidence, your attorney will have to question the prosecutions witnesses and any evidence submitted to the court. The attorney can also call his or her sides own witnesses to try to establish doubt in the minds of the jurors.
III. MARYLAND ASSAULT PENALTIES AND SENTENCING GUIDELINES
Charge: Penalty:
Assault - 1st Degree - Maximum of 25 years imprisonment
2nd Degree Assault - Maximum of 10 years; Fine of $250
Reckless Endangerment - Maximum of 5 years
Assault on Law Enforcement Officer - Maximum of 10 years
Assault (Attempted Poisoning) - Maximum of 10 years (Minimum of 2 years)
Assault (Poisoning by water/food - Maximum of 20 years.
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Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors," U.S. Super Lawyer, "Top Lawyers in America," Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland" and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation," premier criminal defense attorney Charles Ware is recognized and ranked by his many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The America Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.
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