Aggravating Factors in Maryland Assault Cases
If you are charged or even just accused of assault in Maryland there are a variety of aggravating factors that can make the assault charges more serious. These include the nature of the assault and the individual’s record which are two of the biggest factors in determining how severe punishment someone is facing. A first offender is going to be treated differently from somebody who has a lot of priors.
Additionally, the type of the assault is also going to matter a great deal, if it was slapping somebody’s hand versus punching them in the face, those are going to be treated differently by the court. Furthermore, use of a weapon will take it from the second degree to a first degree, as will assaulting an officer. Each of these are aggravating factors that a Maryland assault lawyer will need to look at as they being building a defense for your case.
Assault On The Basis of Race or Ethnicity
The prosecution could try to prove that as an aggravating factor, but it is very difficult to prove in front of most district judges in Maryland unless the facts were really obviously pointing to that.
Domestic assault is generally treated more harshly than simple second degree assault in Maryland. There are enhanced penalties for people who are convicted of multiple domestic assault cases and jail is a little bit more common for domestic assault than simple assault.
Additionally, any time that an individual is convicted of a domestic assault case, the court is going to order some kind of counseling or some kind of anger management to assure the court that this is less likely to happen again.
Most of the time that domestic violence is charged it is charged as an assault. While domestic violence may include non-assault crimes in a an imprisonment case or kidnapping case where you’re holding somebody against their will. These cases are extremely rare. Meaning that assault charges are definitely the most commonly charged type of domestic violence case.
Sex Crimes as Domestic Violence
A sex crime can also be considered domestic violence in certain instances because it is an unwanted touching. An individual’s record of domestic violence will obviously play in if they’re sentencing for a sex crime. Somebody who’s got no record is going to be treated differently than somebody who has a long record of domestic violence. However, in both instances an experienced attorney can provide assistance.
If you have been charged with any type of domestic violence in Maryland call today to schedule a free consultation to discuss your case and begin building a defense.