Baltimore First Degree Assault Charges

A first-degree assault is harmful or offensive, unconsented contact, that is aggravated by the use of a dangerous or deadly weapon. First Degree Assault can also be a second-degree assault which resulted in severe bodily injury, disfigurement, or permanent scars. For example, if a person punches somebody and it results in a black eye, it is considered second-degree assault. However, if they punch someone repeatedly and it results in injuries to their jaw, eye socket, or windpipe, it could be considered a first-degree assault and thereby warrants attention from an assault lawyer in Baltimore.

Process & Penalties

If charged with first degree assault, an individual can request a preliminary hearing in district court within 30 days of being charged. Ultimately, the case will go to the circuit court because first-degree assault is a felony charge.

The penalties for first-degree assault in Baltimore carry up to 25 years of incarceration and most likely a period of probation. The judge views a jury trial conviction or plea as if someone were almost killed and suffered severe injuries. They take this into account and require the person be monitored through probation to prevent them from committing violence in the future. Probation can last as long as 5 years and is to make sure they are doing everything they are supposed to do, leaving the victim alone, and walking a straight and narrow path.

Building a Defense

There are potential mitigating factors in first degree assault cases. When there is no weapon, for example, a lawyer can argue that the injuries are not severe enough to warrant a first-degree assault status.

Sometimes the prosecution calls a broken nose a severe injury because of the large amount of blood lost at the time of the injury. However, a broken nose can be reset fairly easily and there is no scar or other effects after healing. If the defense attorney can argue an injury is not that severe, they might be able to lower the charge to a second-degree assault. A second-degree assault is classified as a misdemeanor and carries less than half the potential incarceration.

When there is a weapon involved, there are other possible mitigating factors. Oftentimes, it depends on the nature of the weapon. For example, a pair of scissors seems ominous. Even though scissors have a blade; they are not a knife, a gun, or a sword. They certainly could be used to hurt somebody, but they are not inherently dangerous, so arguably it is not the type of weapon that constitutes a first-degree assault.

Refuting the Prosecutor’s Evidence

The method a lawyer uses to refute the prosecution’s evidence depends on the type of evidence available for a case. For example, if there is an eyewitness, defense attorneys can call their own witness.

With a circuit court trial, the state’s witnesses can be identified in advance of the trial and be investigated. When looking into a witness to prepare a defense, the defense attorney will look into the witness’s: criminal record, possible motive to fabricate the story, impairment or alcohol intake at the time of crime, view of the incident, and the portion of the alleged assault the witness saw.

The victim can also be investigated to see if they have a motive. For example, did they start the fight? Medical records can be examined and perhaps there were injuries that happened previously. Maybe the injuries could have occurred because they fell down on their own. The Baltimore first-degree assault lawyer will investigate all aspects of the case including the witnesses, the evidence, and the weapon, to determine the severity of the assault and whether there was even a crime or not.

Importance of a Lawyer

For a charge that carries the potential of 25 years of incarceration, it is unwise to retain an attorney who is not familiar with the ins and outs of the courthouses, judges, prosecutors, and these types of charges. First Degree Assault charges in Baltimore are not prosecuted lightly. Prosecutors pursue all violence related cases with zeal due to their high incidence of occurrence. Having an experienced Baltimore first-degree assault attorney will help you resolve the case more favorably.