Baltimore Second-Degree Assault Charges
In Maryland, second-degree assault is defined as a harmful or offensive, unconsented to, contact. An assault can even be charged even if there was no physical contact, but rather, someone was placed in apprehension of a harmful or offensive, unconsented to, contact.
For example, if someone throws an object at another person, but it does not make contact. If the person believes that the object is going hit them and ducks out of the way; that is technically an assault. Rarely is one ever charged with that kind of assault, but it does satisfy the legal definition.
If you have been charged with second-degree assault, contact a Baltimore assault lawyer as soon as possible to begin building a robust defense to the charge.
Elements of Second-Degree Assault
In a second-degree assault, the prosecutor must prove that the defendant intentionally committed a harmful or offensive, unconsented-to, contact.
Generally, the primary evidence prosecutors use to prove their case is testimony from the alleged victim. However, there could also be video recordings, photographs of the accuser and the location where the incident occurred, 911 calls, and eyewitnesses.
Proving intent is proving a state of mind, which is sometimes challenging. It can be done by the nature of the circumstances and the surrounding stories. Someone who talks very emphatically with their hands can accidentally hit somebody while flailing their arms. It can certainly be considered a harmful or offensive unconsented-to contact, but it was unintentional. However, an assault defense lawyer can’t argue that it was unintentional to strike another five times with a closed fist to the stomach and face.
Penalties
The penalties for second-degree assault in Baltimore are up to 10 years in jail and/or a maximum fine of $2,500.
Probation is very likely because, with an assault, there is a victim. The judge wants to be certain that nothing further happens, the alleged victim is safe, and the problems are resolved. The only way to do that is through supervision, which is probation. The purpose of probation is to ensure nothing further happens and to determine if there is any problem that needs to be addressed.
Designated Court
A second-degree assault case in Baltimore is heard at the North Avenue, Eastside District Court House. Assault cases are so prevalent in Baltimore City, there is an entire courtroom dedicated to domestic violence; Room 5 at the North Avenue Court. If a jury trial is prayed, however, it will be in the Circuit Court for Baltimore City.
Possible Defenses
Sometimes, the defense is self-defense. A person might lose in a fight and press charges even if they initiated the fight. That is not an assault. If somebody throws a wad of paper, an individual cannot react by punching them repeatedly in the face. However, if the defendant felt like they were being attacked and you respond accordingly, that is a defense.
Oftentimes, the accuser tends to exaggerate the incident. In this situation, the medical records can be helpful.
For example, there was a jury trial recently for an assault case where a witness said they saw the defendant smash somebody’s head into the concrete floor three times while straddling him. The only injury the person had was a mark under his eye. If this person’s head was smashed on the concrete floor, there would be something on the back of his head such as a scratch, blood or a bruise, but there was no injury. The witness had a vendetta against the client but he went too far and that compromised the entire story. The client was found not guilty on all charges.
How an Attorney Can Help
Due to the nature of the offense and the significant incarceration time it carries, a Baltimore second-degree assault lawyer can guide someone through the unique processes used in Baltimore. The attorney can explain the process, act as a spokesperson, and talk to prosecutors and judges when the person cannot speak for themselves.
Unlike most counties in Maryland, in Baltimore, there is a special division specifically designated for dealing with assault and domestic violence. Prosecutors see it every day. Unfortunately, many of them have adopted the notion that anybody charged is automatically guilty. It is something that does not exist in other areas and is a challenging aspect of defending a second-degree assault case. Only a Baltimore second-degree assault lawyer knows the ins and outs of how to deal with the prosecutors and the charge.