Premier criminal defense attorney Charles Ware is Howard County-based and nationally-respected as one of Maryland's "10 Best" trial attorneys, as surveyed and reported by AIDUIA, a national organization of trial lawyers based in Washington, D.C. Attorney Ware's numerous other awards and accomplishments include "U.S. Super Lawyer," "Top Lawyers in Maryland," etc. For an initial courtesy consultation, call the law offices of Charles Jerome Ware, Attorneys and Counselors, LLC, at (410) 720-6129 or (410) 730-5016, or email him at CharlesJeromeWare@msn.com.
Maryland's Second (2nd) Degree Assault law is found in Maryland Code 2010, Criminal Law, Title 3-Other Crimes Against The Person, Subtitle 2-Assault, Reckless Endangerment and Related Crimes, Section 3-203-Assault in the Second Degree [Annotated Code 1957, art. 27, §12A; 2002, ch. 26, §2; 2005, ch. 283; 2006, ch. 305; 2010, chs. 264, 265].
There are three different forms of second degree assault in Maryland: (1) intent to frighten assault, (2) attempted battery assault, and (3) battery.
In order to prove “intent to frighten” assault, the government must provide beyond a reasonable doubt: (1) that the defendant committed the act with an intent to place the other person in fear of either immediate physical offensive contact or physical harm, (2) that the defendant had the apparent ability, at the time of the incident, to bring about offensive physical contact or physical harm, and (3) that the other person reasonably feared immediate offensive physical contact or physical harm. If there is sufficient evidence to support a claim of self-defense, the government must also prove that the defendant’s actions were not legally justified.
A person who is convicted of second degree assault is subject to imprisonment of up 10 years and/or a maximum fine of $2,500. Md. Code Ann., Crim. Law I § 3-203 (2012).
There are other subcategories of assault that each have their own punishments. For example, if you assault an officer of the law, you will automatically face a maximum of 10 years in prison. If you poison someone by contaminating their food or water, that counts as assault as well and comes with a maximum 20-year prison sentence.
Maryland Second (2nd) Degree Assault Defenses
A. SELF DEFENSE
Many assault cases arise from fights, and often the person who started the fight is the one charged with assault. In these cases, self-defense is a commonly relied upon defense in Maryland."Self-defense" is when you claim to have used physical force (possibly even causing physical injury) because you were protecting yourself or someone else from physical harm. For this defense to be effective, however, you must show that the amount of force you used to protect yourself was reasonable under the circumstances.
You must use witness testimony and any other evidence available to establish that you were indeed protecting yourself and that you did not start the fight. You will also need to show that the force you used against your would-be attacker was reasonable or else the jury may still find you guilty of some form of assault.
B. Lack of Evidence
Juries receive specific instructions regarding what must be proven "beyond a reasonable doubt" in order to convict someone of assault. This means that if there is not enough evidence to establish the criteria to convict you of an assault charge, you may be found not guilty.To show there is a lack of evidence, you will have to question the prosecutions witnesses and any evidence submitted to the court. You can also call your own witnesses to try to establish doubt in the minds of the jurors or judge.
C. Plea Bargain
Although a plea bargain won't necessarily keep you out of jail, it may reduce the amount of time you have to spend in prison.A "plea bargain" is when you and your attorney strike a deal with the prosecution. As part of this deal, you have to plead guilty to lesser charges, which means that you will be getting a reduced sentence and both parties may avoid trial.
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