Maryland Assault Lawyer

Maryland assault charges are sometimes the result of a random, unprovoked attack, but most frequently, this type of charge comes after a dispute or altercation. In these cases, the victim is frequently difficult to identify by law enforcement due to conflicting versions of events and the varying degrees of injuries. The person arrested may not be the instigator and may have been acting in self defense, but without context for the altercation or corroborating witness statements, police make an arrest based on their best judgment in evaluating conflicting stories by the involved parties. If you have been charged, your first step in building a strong defense is to contact a skilled Maryland assault lawyer.

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Hi my name is Seth Okin and I work for Price Benowitz as a criminal defense attorney. If you have been charged with assault in the state of Maryland there are several things you must know. Number one, second degree assault at its minimum of an assault charge comes with a maximum penalty of ten years in prison and a $2,500 dollar fine. If you have been charged with second degree assault, there has to be a presumption that there was some form of unwanted touching of another.

If you hit someone by accident, that’s not assault. What we need in this case are the facts of the case: What happened? Who was the individual? Where were you? What were the circumstances of what was going on around you. If you were charged with assault in the first degree there has to be a presumption there that you utilized something, be it a knife, a gun, a car. There has to be some form of weapon that heightened the ability to injure the other party.

First degree assaults are felony charges. You must be well aware the penalties and the stigma of that being on your record could be a forever consequence. These issues do not go away. You need a criminal defense attorney and you need one right away. We need to assess the facts, we need to assess every bit of detail of what went on in that moment. We’re going to want to make our demand for discovery, we’re going to want to review the reports of the state and the officers that showed up, including the person who is charging you.

How credible a witness are they? How credible of an individual are they? Do they have other issues that may make their credibility something less than believable? Remember, in these cases the presumption of guilt must be beyond a reasonable doubt. The state must prove … that you are guilty of this crime. Every part of your criminal defense starts from day one. Contacting the attorney, getting the facts together, telling him the story that you saw, that you lived, and looking at what the state chooses to present.

The genuine facts are where we argue, and where the truth lies, and as your attorney my only concern is you. In keeping you safe, and keeping you out of jail. If you need a criminal defense attorney for an assault charge in the state of Maryland, contact me now.

Assault includes not only intentional physical contact without the consent of the victim, but also attempted contact or the threat of intentional assault. In Maryland, there are two types of assault with which an individual may be charged: second degree and first degree. Second degree is penalized by up to ten (10) years incarceration. First degree assault is characterized by the use of a weapon, or by serious injury or attempted serious injury to the victim, and is punishable by up to twenty-five (25) years behind bars. With the assistance of an assault attorney, you can fight your charge and avoid the life- altering consequences of conviction.

Misdemeanor assault cases are generally heard at the district court in the county where you were charged. Attorney Seth Okin’s office is conveniently located near one of the Baltimore County District Court located at 120 E. Chesapeake Avenue in Towson. With a proven record of success, Mr. Okin diligently protects his clients through aggressive defense strategies.

According to § 3-203 of the Maryland code, the maximum sentence for second-degree is 10 years in prison and a fine not to exceed $2,500, or a combination of both. The potential fine someone faces doubles if the victim is a police officer or other member of the law enforcement community. That list also includes a parole or probation agent that is trying to do their job at the time. The penalties for this type of crime are serious; please contact us immediately if you have been charged with any of these crimes to begin establishing a strong defense strategy.

The terms used by the state of Maryland to define these various crimes can be confusing. The best way to ensure that you have a total and complete understanding of the charges that you are facing is to contact an attorney that can help lead you through the entire judicial process. You don’t have to go through this alone. Let us help you understand the challenge lying before you, and the best ways to obtain a positive result.

To speak with attorney Seth Okin about your second degree or first degree assault case, call (410) 441-5005 for a free consultation.

First and Second Degree Assault in Maryland

The two different degrees of assault in Maryland are first and second. First-degree is a felony because it involves firearms, and / or involves the offender inflicting or attempting to inflict serious physical injury. In this case, serious physical injury is defined as an injury creating substantial risk of death or permanent harm.

Maryland law defines first degree assault as:

  • Intentionally causing, or attempting to cause, serious physical injury to another
  • Committing an assault with a firearm, including a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle
  • The law states that a person who is found “guilty of the felony of assault in the first degree . . . is subject to imprisonment not exceeding 25 years.”
  • Second degree assault in Maryland is defined as: the intentional creation (with something other than words), of a reasonable fear in the mind of the victim that they are about to encounter bodily harm.

An example of second degree assault in Maryland could be swinging a baseball bat at a victim, or attempting to punch them. It’s important to remember that it means the victim reasonably feels threatened. Therefore, the perpetrator’s mindset is irrelevant – only the victim’s mindset is taken into account.

The term “assault” is sometimes heard with “battery.” Battery” means offensively touching someone without their permission. But in Maryland, “battery” is combined with “assault,” so that the former term means both touching and placing someone in a state of fear.

Please call for a FREE consultation (410) 782-0742