Crimes of violence are treated harshly in Maryland. The crime of assault and battery is no exception. An assault conviction can ruin a person’s life by leaving them with a permanent criminal record and can also result in them being sentenced to serve period of time in jail or prison. Building an effective defense is essential which is why representation by a Glen Burnie, Maryland assault and battery attorney is critical. The attorneys at Portner & Shure, P.A., will work with you to prepare an effective defense in order to protect your rights and freedom. For a free consultation, call (410) 421-7447 or contact us online.
Assault Charges In Maryland
At common law, Assault and Battery were classified as separate crimes. Maryland codified Assault and Battery and merged them into one crime. Currently, Maryland has two statutes covering the crimes of 1st degree assault and 2nd degree assault.
Maryland Criminal Law § 3-202 criminalizes the act of 1st degree assault. Under §3-202, 1st degree assault is defined as an intentional act that causes another person to suffer serious physical injury or using a firearm while committing 2nd degree assault. A conviction for 1st degree assault can result in a person being sentenced to 25 years in prison.
Maryland Criminal § 3-203 criminalizes the act of 2nd degree assault. Under §3-203, 2nd degree assault is defined as an action that places a person in fear of an unwanted physical contact, taking a substantial step towards an unwanted physical contact, or an unwanted physical contact. A conviction for 2nd degree assault can result in a 10 years in prison and / or a $2,500 fine.
How Assault Is Charged In Maryland
People are frequently charged with 2nd degree assault if there is an allegation that they caused an unwanted physical contact. The definition of an unwanted physical contact is broad and can include hitting, pushing, shoving, or throwing an item or liquid on another person. This definition often produces absurd results as police and prosecutors pursue charges of 2nd degree assault against people based on ridiculous facts. Unfortunately, police and prosecutors may pursue these cases in order to intimidate people.
When a person is charged with a crime, the State of Maryland is constitutionally obligated to prove their guilt beyond a reasonable doubt in order to obtain a conviction. A strong defense may prevent the State from meeting this burden. Many assault cases succeed or fail based on the credibility of the victim. A review of the evidence may show that the victim is lying or lacks credibility. In an assault case, a person may defend themselves based on an argument that they were acting in self-defense. In order to assert this defense successfully, a person must generate evidence showing that they had a reasonable belief that a physical harm was imminent and that they used reasonable force (proportional force) to prevent the attack.
Why Hire Portner & Shure, P.A., For An Arundel County Assault Case?
A strong defense is essential in an assault case. In order to build a strong defense, a thorough review of the evidence along with an investigation of the facts surrounding an assault is required. The attorneys at Portner & Shure, P.A., will investigate these facts and work with you to prepare a strong defense. Our attorneys know that your life, reputation, and freedom are at stake. To schedule a free consultation regarding your Glen Burnie assault and battery case, contact us at (410) 421-7447 or contact us online. Our staff speaks English, Spanish, Korean, Chinese (Cantonese and Mandarin), and Vietnamese.
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