Maryland 2nd Degree Assault - Maryland 2nd degree assault is a very common charge. We have many clients who have been charged with assault in the second degree for very minor things. In fact, an angry girlfriend and a bare accusation can lead to serious potential penalties against you. Did you know that a Maryland 2nd degree assault charge can get you up to 10 years in prison? These cases are not to be taken lightly.
(b) Penalty.--Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and is liable on conviction to imprisonment. Not more than 10 years or a fine not more than $2,500 or both.
Maryland 2nd Degree Assault
(2) A person may not knowingly cause bodily injury to another if the person knows or has reason to know that the other is:
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(3) A person who violates paragraph (2) of this subsection is guilty of the offense of assault in the second degree and is liable on conviction to imprisonment for not more than 10 years or to a fine of not more than $5,000, or to both.
In this state, Maryland 2nd degree assault is considered a "misdemeanor". However, many other states and the federal government do not share the same view. Any crime punishable by more than one year in prison is considered a felony in federal court.
If You Are Convicted of Maryland 2nd Degree Assault If you believe you were misadvised by your attorney in pleading guilty to Maryland 2nd Degree Assault, one of our Maryland post conviction attorneys can help you.
The Maryland Legislature recently recognized that this Maryland 2. Therefore, they passed a law that allows for the removal of convictions as long as several circumstances are met:
Maryland Dui Charts
If you received a discharge for your Maryland 2nd degree assault charge, you have protections as a job seeker (Criminal Procedure § 10-109):
Would you like a free consultation for your case? Just click the link below, fill out our simple intake form, and one of our lawyers will contact you within 2 hours. Being charged with second degree assault in Maryland can seem scary, especially since each charge carries a maximum of ten. (10) years' imprisonment. If this is your first time loading, you've come to the right page. Below we'll address some of the most commonly asked questions about assault in the second degree charged by people with experience in the criminal justice system:
Although it may seem confusing, there are different types of actions that constitute the crime of assault under Maryland law:
Assaults involving spouses or domestic partners are considered "domestic assaults." Most jurisdictions usually have their own specially appointed prosecutors in these cases. Assaults with a deadly weapon such as a gun or causing serious bodily injury can be charged as felony assault in the first degree.
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This question is perhaps the most difficult to answer. In general, first-time offenders of second-degree assault do not receive jail time, and are often placed on supervised or unsupervised probation. Second degree assault in Maryland carries a maximum sentence of 10 years in prison. That being said, there are several factors a judge can consider when sentencing a first-time second-degree murderer:
First-time second-degree assault defendants are often held without probation, supervision, or supervision. Probation usually has conditions that if you don't follow, you could be in violation of probation.
Assault charges often lead to the issuance of warrants. It is possible that you could be arrested for assault charges.
Generally, the charge of criminal assault is The State of Maryland v. U is, not specifically a case brought by the victim. Generally there are two sources of cost:
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In the case of allegations against a police officer, the state usually makes a decision on the day of trial to dismiss the case, grant a STET (indefinite post) or some form of plea agreement.
If the "victim" does not appear on the state's summons, or does not want to come forward, the state is often put in a difficult position, because they cannot prove their case. Having a competent lawyer is especially important here, as the prosecutor tries to continue the case, or even go to trial without the victim.
Second degree assault charges are usually out of sight of the arresting police officer or law enforcement officer, so state's evidence usually
, which means there are two conflicting versions of a story told by two people. Going to trial often requires showing a judge that the state can't prove that the assault happened one way or the other. We can argue a legal defense such as self-defense, which is recognized in Maryland criminal law. Self-defense can be established by an experienced criminal lawyer, even in cases where serious bodily harm is involved.
Assault 2nd Degree Maryland What To Know.
An assault conviction will go on your criminal record. If the case is dismissed, your second degree assault attorney can expunge it from your record the same day as the court in accordance with criminal procedure and the Maryland Criminal Code. The same applies to a voluntary or guilty verdict.
If you are convicted, your assault in the second degree charge can ultimately be dropped; But not until fifteen years after completing your sentence.
Many first offenders are offered probation or "PBJ" before sentencing by the court in their second degree assault cases. Probation before sentencing is a special provision in Maryland that "delays" a conviction and places a person on probation. Technically, this is not a guarantee on your record; However, it is still visible to others on Maryland Case Search. A PBJ shall be disqualified three (3) years after the expiration of the probationary sentence.
A second-degree felony conviction can bar you from possessing a firearm in Maryland if you plead guilty until the case is adjudicated. If you get a "PBJ" in your assault case, you may own guns.
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A Maryland assault conviction can have additional long-term consequences if it is labeled "locally related." A person convicted of aggravated assault in the second degree is prohibited from possessing a firearm, whether or not they have received a "PBJ." Many first-time offenders are unaware of the long-term effects of convictions resulting from gun charges.
Many assault defendants are placed on "supervised probation," which has additional conditions that the person must follow, including:
The most important thing you can do if you are charged with your first assault in the second degree is to speak with an experienced second degree assault attorney. Max Frizalone and Luke Woods have years of experience handling all types of second degree assault cases. We are happy to provide a free consultation on your case,
Whether your case is in Frederick County, Prince George's County, Howard County, Baltimore County or Anne Arundel County, we can help fight your costs. Max Frizalone is a former assistant state's attorney in Prince George's County, and can assist with any first degree assault or second degree assault charge. If you have questions about your 2nd degree assault Maryland first offense, call us today.
A Guide To Assault Laws In Maryland
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