First Degree Assault in Anne Arundel County
Below, an Anne Arundel assault lawyer discusses first degree assault charges in Anne Arundel County and what makes them different from other types of assault. To learn more about these charges or discuss your case call today and schedule a free consultation.
What Are The Penalties Associated With A First Degree Assault Conviction?
A first degree assault conviction has very serious penalties. It is a felony that is punishable by up to 25 years in prison. It is very rare for a first degree assault case especially for somebody who has no record to end up with 25 year sentence, but that is the maximum for a first degree assault.
How Do The Judges In Anne Arundel County Treat First Degree Assault Cases?
Very seriously. Again first degree assault is going to involve significant bodily injury, so it is very common for judges to incarcerate on first degree assault conviction even when an individual has no record, due to the nature of the crime and the nature of the injury.
What Do Anne Arundel Prosecutors Need To Prove In A First Degree Assault Case?
Well they need to prove that the individual intentionally caused serious physical injury to another, or attempted to cause physical injury to another, or that they committed an assault with a weapon or a firearm. Those are the elements of a first degree assault case.
How Do They Go About Presenting Their Case And Proving Their Case?
In an assault case there is always going to be a victim. Typically the prosecution is going to summon that victim, have them testify as to what happened. If there is any kind of corroborating evidence, medical records or photographs, then they need to introduce those and if an officer witnessed anything then the officer will testify as well. So that is typically the presentation for an assault case.
How Do You Build A Defense For An Assault Cases? What Are Some Of The Main Factors You Consider?
The main factors that an attorney will be looking at are potential witnesses. Assault attorneys in Anne Arundel County often prefer witnesses that aren’t the client. If somebody’s friend saw what happened having them come and testify could be a lot more useful than having the defendant testify. It is just more believable to judges and juries when it is coming from third parties and not somebody who is charged with the offense.
Second place, to look is prior records between the individuals who have are alleging assault. If they have a prior record of unreliability, that will be something that would require further investigation.
What Can An Attorney Do For Someone Facing Assault Charges?
An attorney can be helpful in a lot of different ways. First and foremost, the attorney can advise somebody as to whether the state can prove the case. So they can attack the elements of the case, they can challenge the witnesses of the case, they can bring in their own witnesses to help present an alternative theory of the case, and an attorney can also help with the negotiations with the prosecutor’s office, maybe getting them to get the case placed on the inactive docket or a reduced charge. Finally, the attorney can be extremely helpful in presenting mitigation to the court and speaking on your behalf so that the court gets a better picture of who you are and how you are not a danger to the community.