Recap of Maryland’s Assault Statutes and Possible Penalties

In Maryland, assault is primarily governed by Criminal Law Article § 3-202. The key types of assault include:

1. Simple Assault:

– Definition: Causing fear of imminent harm or causing minor injury.

– Penalties: Up to 60 days in jail and/or fines up to $500 (misdemeanor).

2. Second-Degree Assault:

– Definition: Inflicting injury or using threatening behavior.

– Penalties: Up to 10 years in prison and/or fines up to $2,500 (felony).

3. First-Degree Assault:

– Definition: Causing serious bodily injury or using a weapon.

– Penalties:  Up to 25 years in prison (felony).

Common Facts in an Assault Case

1. Physical Contact: Evidence of injury or attempted injury.
2. Intent: The defendant’s intent to cause harm or fear.
3. Circumstances: Context of the incident (e.g., domestic situations, public altercations).
4. Witnesses: Testimonies from bystanders or participants.
5. Weapons Involved: Use of any objects to threaten or harm.

Preparing a Defense in an Assault Case

1. Self-Defense: Arguing that the defendant acted to protect themselves from harm.
2. Defense of Others: Justifying actions taken to protect someone else.
3. Lack of Intent: Demonstrating that the defendant did not intend to cause harm.
4. Consent: Claiming that the alleged victim consented to the actions.
5. Alibi: Providing evidence that the defendant was not present at the time of the incident.

Preparing for Sentencing in a Criminal Assault Case

1. Gather Evidence: Collect character references, employment history, and any mitigating factors.
2. Pre-Sentencing Report: Review the report prepared by probation officers, which includes background information and the defendant’s criminal history.
3. Mitigation Strategy: Identify reasons for leniency, such as lack of prior offenses, personal circumstances, or rehabilitation efforts.
4. Consult with an Attorney: Work with legal counsel to formulate a strategy for the sentencing phase, including potential plea agreements.
5. Emotional Preparedness: Be ready to express remorse and understand the impact of the crime during sentencing.

Successfully navigating an assault case in Maryland requires a thorough understanding of the law, potential defenses, and the sentencing process. Consulting with a qualified attorney is essential for effective representation.

If you are facing assault charges then you need to hire an attorney. Contact Caroline Norman Frost for a free consultation.