Salisbury Assault Lawyer
Assault charges carry the potential for severe criminal penalties, such as long prison sentences and high fines. Under state law, assault may be classified as either a first or second degree offense. Both types are serious crimes, and deserve the utmost effort in defending your case against an overzealous prosecutor. All too often these cases are overcharged, and you have the right to fight back against any charges.
If you face assault charges, an experienced Salisbury assault lawyer is ready to fight for you. Discuss your legal options with a seasoned defense attorney.
First Degree Assault
Under Maryland law, first degree assault occurs when a defendant causes or risks serious physical injury to another person. State law defines serious physical injury as creating a substantial risk of:
- Death
- Permanent or protracted disfigurement
- Loss of bodily function
- Impairment of bodily function
When this type of harm occurs as a result of the assault, it will be considered a first degree assault under state law. If the assault occurs as the result of the use of a firearm or other dangerous weapon, or involves merely the brandishing of such an item, it will also be considered first degree assault.
Penalties for First Degree Assault
A first degree assault conviction carries significant penalties. If convicted, a defendant could face up to twenty-five years in prison. A felony offense will also likely result in loss of constitutional rights such as the right to vote and the right to carry a firearm. Other penalties may include probation, no-contact orders, travel or residency restrictions, and others depending on the facts of the case.
Second Degree Assault
A second-degree assault occurs when an offender causes physical injury, or an impairment of physical condition, to another individual. Notice here that instead of serious physical injury, the lesser physical injury is all that is required. Physical injury does not require great harm to befall the other person, or even much at all. The harm inflicted could be surface, and may not even be painful. This is not relevant, as any physical injury could suffice under this form of assault.
This type of assault can also occur if no harm befalls the person at all. If a person is placed in imminent fear of physical injury, this is sufficient for a second-degree assault conviction.
Penalties for Second Degree Assault
The possible sentence for a second-degree assault is up to ten years in prison and a fine of up to $2,500. Unlike a first degree assault, second-degree assault is a misdemeanor offense. The implications for a defendant’s constitutional rights are less severe, but the penalties themselves are still harsh.
The penalty can increase significantly if the second-degree assault is directed at law enforcement, parole, or probation officer. In this situation, the penalty can be deemed a felony, and the potential fine increases to up to $5,000.
Defending an Assault Charge
To attempt to prevent an assault conviction, certain defenses and tactics are available with the help of a competent criminal defense attorney, including:
- Presenting reasonable doubt to the jury during trial
- File a suppression motion (to exclude any unconstitutional evidence)
- Negotiate a plea deal to lesser charges
- Demonstrate that serious physical harm did not occur
There are many other defenses available to defendants depending on the facts of their case. An analysis of a defendant’s unique case is necessary to put together a strong defense.
Schedule a Consultation with a Salisbury Assault Lawyer
To defend yourself against assault charges, it is critical you contact an experienced Salisbury assault lawyer. With a customized defense of your charges, you stand the best chance of defending your rights. Contact our firm today for a consultation of your unique case.