Sentencing in Maryland Assault Cases
In the state of Maryland, assault is a harmful or offensive, unconsented contact; the act of inciting a feeling of fear, whether an individual is made to fear harmful contact or offensive contact, is considered to be an assault as well. If someone is facing this charge, although it is a misdemeanor, he or she is up against one of the most significant misdemeanors they can be charged with. If convicted, penalties include upwards of 10 years’ incarceration and a potential fine of $2,500. An experienced assault lawyer that is not only familiar with Maryland laws, but also has a background in building a defense for similar cases should be contacted immediately to handle this case.
Our attorneys have the knowledge necessary to advise someone facing assault charges appropriately and can negotiate the mitigation of penalties that accompany a conviction of this magnitude.
Enforcement of Assault Charges
Assault is a crime of violence, and while it is just a misdemeanor, its repercussions have various levels of severity in a Maryland assault case. Because of the fact that violence is such a prevalent problem in the state of Maryland, prosecutors will handle and press the penalties of this crime seriously. The court and prosecutors will rely on certain elements of a case to determine what those penalties are; key elements in an assault case include:
- The characteristics of the individual.
- The nature of the allegations.
- The severity of the injuries.
It is also important that individuals that have been charged with an assault understand that there are no diversion programs or alternate sentencing options if convicted of this crime. If the criminal actions aren’t severe, the penalties may be less extreme than having to face the punishment to its full extent, which is 10 years of incarceration and a $2,500 fine. Oftentimes, resolutions can be worked out without the prosecutor having a conviction, but there is no diversion in the traditional sense for an assault charge.
Aggravating or Mitigating Factors
One aggravating factor that is considered to be the most severe in a Maryland assault case is history. A prior history of the same charge, especially if the same victim is involved, will make things worse; if the individual that has been charged has committed an assault while on probation or parole, that too can increase the chances of there being an unfavorable outcome in court.
One mitigating factor that can create a favorable outcome in a Maryland assault case would be if the individual charged were to have no prior record and the crime itself did not yield any injuries; in some instances, he or she could argue that they acted in self-defense. These are ways in which someone can defend themselves against assault charges and mitigate the complexity or difficulties facing what the crime they may have allegedly committed.
Our qualified lawyers have the background necessary to determine what mitigating factors can be used to support their client in court.
Attaining Legal Counsel
Someone facing assault charges should get an attorney immediately after being charged, especially if they are arrested in the process. A good criminal lawyer will be able to represent the charged individual at their bail review and have them released from police custody a lot faster than if he or she attempted to be released on their own. They will be able to guide their client, be a spokesperson, and help them build a defense for their case.