Howard County Second-Degree Assault Lawyer
Howard County views second-degree assault as any harmful or offensive, unconsented contact or the act of causing someone reasonable fear that said act may occur. An individual facing charges of this magnitude will naturally fear the consequences of a conviction, which is why a knowledgeable assault lawyer should be contacted immediately. A Howard County second degree assault attorney who is familiar with Howard County laws, as well as the judges and prosecutors within their jurisdiction will have the experience necessary to build a strong defense for their client.
Role of Intent
Second-degree assault is considered a general intent crime. The intent to assault an individual is not necessary and does not have to be proven in court; all a guilty party must have to attain a charge is general intent of the act that later develops into assault. Quite simply put, even if an individual does not have the intent to make violent contact with an individual, if he or she intends to create an act that may cause violent contact and it leads to that, Howard County views this as second-degree assault.
Differences Between First And Second Degree Assault
First-degree assault has two additional elements involved that second-degree assault doesn’t, and they include:
- The use or brandishing of a dangerous, deadly weapon
- Severe bodily injury even without a weapon
Assault with a deadly weapon becomes a factor in a case if an individual utilizes or brandishes a dangerous, deadly weapon in an effort to put somebody in fear of harm or worse, to actually cause harm.
Penalties & Consequences
The penalties of a second-degree assault are quite serious. An individual who is convicted of this crime will face 10 years’ incarceration and/or a $2,500 fine. Because assault is considered a crime of violence, it still disqualifies someone from ever owning, using or possessing a firearm for life. If however, the crime is seen as a misdemeanor as opposed to a felony, the exposure to incarceration is far smaller but should still be handled with the assistance of a Howard County second offense DUI lawyer.
Elements A Prosecutor Must Prove In Court
Because a prosecutor will be representing the victim in an assault case, they will usually have a testimony from the victim.
Aside from a testimony, a prosecutor will use:
- Medical records or photographs of the victim and the injuries that they sustained
- An eye witness or video surveillance
- A live witness to attest to the unconsented contact
Common Defenses & Mitigating Factors Used In Court
One of the things that a Howard County second degree assault attorney can argue on behalf of their client is that the assault itself was a minor and did not lead to any severe bodily harm. When dealing with an assault case, there is a lot that can happen, and the severity of the assault makes a big difference. An individual can also argue self-defense on behalf of their client; the individual who is being charged may claim that they were only responding to the other party who was the aggressor.
Benefits of an Attorney
A Howard County second degree assault lawyer is going to be an individual’s best bet when they are faced with criminal charges. The legal process can be quite difficult to understand and/or deal with, especially when faced with the stress that accompanies an assault charge. An experienced assault lawyer will be equipped with the tools necessary to not only build a strong defense for their client, but also walk them through the many stages of their case. Someone who has been charged with second-degree assault should get in contact with an attorney immediately.