Pikesville, MD Lawyers Defending Individuals Charged With Assault
If you have been charged with assault, you are facing some very serious charges. Maryland law classifies assault as a misdemeanor in most circumstances. Assault charges can be broken down into two groups: assault or assault and battery.
Assault is a misdemeanor and is defined as one individual attempting to touch another person without their consent. Within this law, it is also stipulated that assault may also occur if the victim has a reasonable fear that unwanted touching will occur.
Battery is classified as the criminal act of actually touching another individual without their consent. All assault charges in Maryland are very serious in nature and have steep penalties and fines attached to them.
If you have been charged with any type of assault, you need an attorney who understands the law and can make a determination as to how to best defend you from these significant criminal charges.
Contact the Pikesville Law Offices of Alex Poberesky, P.A. at (410) 484-0400 to discuss your options.
What Are the Penalties in Maryland If Convicted of Assault?
In Maryland, there are what is known as varying degrees of assault charges and subsequent punishment. If convicted of assault, you could face up to 25 years in prison. Because of the serious nature of these crimes and penalties, you should never try to navigate an assault charge on your own. You need a qualified criminal defense attorney to represent you.
There are several different criminal charges that fall under “assault” in Maryland. They are as follows,
First-degree assault is considered to be a felony and is punishable by up to 25 years in prison. This criminal action is defined as intentionally causing another person to experience a severe physical injury, attempting to cause a severe physical injury, or using a firearm during the course of the assault. Severe physical injury includes any type of injury that carries with it a severe threat of death, disfigurement, or loss or impairment of limbs or organs.
This type of assault is classified as a misdemeanor and occurs when a person attempts to cause or causes unwanted harmful physical contact. The criminal penalties associated with this type of assault are extremely harsh as well. A second-degree assault conviction can be punishable by up to 10 years in prison. It should be noted that second-degree assault on any law enforcement officer carries the same stiff penalty but is upgraded to a felony charge.
Reckless endangerment or poisoning:
This is also a misdemeanor charge and is classified as conduct that has a substantial risk of serious injury or even death. If convicted of reckless endangerment, you could face up to five years in prison. Poisoning another person is considered to be assault, and if convicted, you could face up to 20 years in prison.
What Are Some of the Possible Defenses Against Assault in Maryland?
If you have been charged with assault, our attorneys can discuss some of the legal options in Maryland that will be the most favorable to you.
No Credible Threat:
This type of defense could be used if the victim was never truly in fear for their safety or if there was no reasonable threat of injury at the time.
This type of defense can be applied if you were the one who was attacked first and, as a result, acted to defend yourself. Of course, you should be made aware that in Maryland, an individual is only permitted to use as much force as appropriate to their particular situation. Any overuse of force will make this defense invalid.
In this type of defense, you willingly admit to perpetuating the assault. By applying this defense, you contend that you assaulted an individual to prevent them from wither harming you or another person. It can also be used if you were required to exert physical force in an attempt to prevent an individual from committing a criminal act such as theft.
You may employ this defense if it is unclear who actually committed the assault. This is often used in situations such as bar fights or other public brawls.
If you are facing assault charges, it is critical that you hire an attorney who can guide you through the complex laws that surround assault charges in Maryland. Contact the Law Offices of Alex Poberesky, P.A. at (410) 484-0400 and schedule an appointment to speak with a member of our legal team who can assist you. We can offer you a free case review and answer any questions you may have pertaining to your case.