If you are a criminal defendant in Greenbelt, Maryland charged with assault in the second degree, here’s a guide to understanding your situation and the steps to take:
Understanding the Charge
Assault in the Second Degree involves behavior that causes injury that is not life-threatening or permanently disabling, or some other unwanted contact with another person. In Maryland, this is a serious offense:
- Maryland Law: Under Md. Criminal Law Code Ann. § 3-203, a person may not commit an assault on another person. In addition, a person may not knowingly commit a physical injury to a law enforcement officer or first responder.
- Penalties: A conviction can result in up to ten years in prison and a fine of up to $2,500. If the action is knowingly committed against a law enforcement officer or first responder, the conviction becomes a felony and can result in up to ten years in prison and a fine of up to $5,000.
Legal Representation
- Hiring Marc Emden as your Attorney:
- Experience: Marc Emden has years of 35 years of experience in criminal defense, particularly in cases involving assault in the second-degree offenses.
- Reputation: Marc Emden has a winning track record and positive client reviews.
- Consultation: If you hire him to defend you, Marc Emden will meet with you to discuss the specifics of your case, evaluate the evidence and form potential defenses.
- Preparing Your Defense:
- Evidence Collection: Gather any evidence that could support your defense, such as communications, consent documentation, or evidence disproving your involvement.
- Character Witnesses: Identify individuals who can testify to your character and credibility.
- Legal Strategies: Marc Emden will develop a defense strategy based on the specifics of your case. Potential defenses may include lack of intent, consent from the depicted individual, or mistaken identity.
- Court Process:
- Pre-Trial Motions: Multiple motions are filed in criminal cases, including a motion for discovery as well as motions to dismiss the charges or suppress evidence.
- Trial: If the case goes to trial, both sides will present evidence and arguments. Marc Emden will cross-examine witnesses and present your defense.
- Sentencing: Marc Emden can assist you in getting the best possible outcome at sentencing, if you are convicted of this offense.
Your Rights
- Right to Remain Silent: Do not discuss your case with anyone other than your attorney.
- Right to a Fair Trial: You are presumed innocent until proven guilty. The burden of proof lies with the prosecution.
- Right to Legal Counsel: You have the right to an attorney. If you cannot afford one, a public defender will be appointed to represent you.
Frequently Asked Questions
Does using a weapon affect how someone is charged with assault in Maryland?
The use of a weapon, particularly a firearm, in any crime will cause prosecutors to increase the severity of the charge. Certainly, other factors will also influence outcomes, such as whether a firearm was fired, brandished, or merely on the defendant’s person at the time of the assault.
Is an assault on a law enforcement officer more serious in Maryland?
Yes. The assault of a law enforcement officer in Maryland is treated more severely than an assault on any other person. Suppose you are convicted of Assault in the Second Degree against a law enforcement officer. In that case, it becomes a felony, and while the maximum term of imprisonment remains ten years, the level of the fine increases.
Can you be charged with an assault in the second-degree even if the other person is not injured?
Yes. Under Maryland law, any unwanted touching or other physical contact can constitute an assault even where the complaining witness does not sustain an injury. An assault can also occur without actually touching the person, such as spitting at them or throwing an object at them.
Does an assault in the second-degree conviction usually mean a person will spend time in jail?
While an assault in the second-degree conviction can result in a 10-year sentence, many people convicted of less severe assaults, particularly first-time offenders, are often given suspended sentences and a period of probation. In some cases, a probation before judgment disposition can be entered, which means the person does not have a conviction for the offense but would still be required to complete probation.
Can I ever get an assault in the second-degree conviction off my record?
If you are convicted of Assault in the Second-Degree, you can Petition the Court to expunge your record seven (7) years after you complete any sentence, including probation and/or parole.
Can I be charged with assault if it’s self-defense?
Yes, in Maryland, you can be charged with assault, even if it is self-defense. Some states have a self-defense statute, but Maryland does not. However, in Maryland, self-defense is a defense that can be used at trial. A self-defense claim at trial can even lead to an acquittal or conviction on a lesser charge.
Am I ever allowed to assault someone in Maryland?
Yes. When an individual agrees to play football, hockey, or other contact sports, they know that hard physical contact is part of the game and that agreeing to play is much like consenting to that contact. When a high school quarterback is tackled during a play, he has consented to the tackling. When two boxers fight in the ring, the loser cannot file assault charges against the winner for hitting him. While in both instances, the athletes in question get hit, they also have consented to the possibility of those shots as part of their participating sport.
If a juvenile was charged with assault, can he be charged as an adult?
Sometimes, a juvenile charged with assault can be charged as an adult. The situation would depend on how severe the assault was, whether the juvenile was charged with other crimes at the time and the extent of their prior juvenile record.
Please note that these answers should not be construed as legal advice in all situations. Speaking with an attorney before deciding on your legal matter would be best. These answers are intended only to provide general information.
Conclusion
Facing an assault in the second-degree charge in Greenbelt, Maryland is a serious matter and requires prompt and effective legal representation. An experienced attorney will guide you through the legal process, protect your rights, and work towards the best possible outcome for your case.