College Park Assault Lawyer
In the state of Maryland, “assault” includes assault, battery and assault and battery. The law defines assault as an act in which an alleged victim is apprehensive of an imminent and offensive physical touch from the actor. The law defines battery as when the actor actually touches the complainant in some “offensive” way. Offensive means the complainant did not want the touch.
Typically, when you may think of assault, a violent act may come to mind. The government punishes violent acts which cause physical harm more strongly than mere offensive touching.
If the police have accused you or a loved one of assault, consider speaking with an attorney who understands the laws and court procedures in College Park. Assault charges can lead to loss of freedom and other consequences.
A College Park assault lawyer may be able to help you avoid those consequences and at least reduce any potential penalties you may be facing. Work with a capable criminal defense attorney that could fight for you.
Maryland Assault Laws
Assault is a crime in Maryland. A basic act of assault is a misdemeanor in the second degree. Assault can be an act that causes harm or causes apprehension of immediate harm. The government can punish an act of assault with up to ten years in jail and a fine of up to $2,500.
If the actor causes intentional injury to a law enforcement officer, parole officer or emergency responder, the government can punish the assault as a felony with up to ten years in jail and up to $5,000 in fines (Maryland Criminal Law Section 3-203).
The government has made it illegal to cause serious physical harm to another person or commit an act of assault with a firearm. The law classifies these acts as felony assault in the first degree. A felony is a serious charge, which can follow people who the courts convict the entirety of their lives. The government can punish these acts with up to twenty-five years in jail (MCL Section 3-202). A capable College Park assault lawyer could attempt to mitgate the penalties that an individual may face.
Serious Physical Harm
If an act of assault causes “serious physical harm” to an alleged victim, the government can increase the penalty attached to that act. Serious physical harm means that the act:
- Created a real chance of death,
- Caused serious physical deformity,
- Permanently injured a body part, or
- Caused impairment of the use of a body part (MCL Section 3-201).
Potential Defenses Against Assault Charges
There are various defenses that may be available which may reduce or even eliminate any potential penalties from an assault charge. One of the most common defenses is self-defense. The court will allow this defense if the actor used violence or threat of violence to protect him or herself or a loved one from threatened or actualized harm. The important element for this defense is that the harm done is equal to or less than the harm threatened.
Another defense is lack of evidence. An attorney may attempt to attack the prosecutor’s case claiming that there is not enough evidence to find guilt beyond a reasonable doubt.
Calling a College Park Assault Attorney
If the police have accused you or a loved of assault, be very careful of your next decisions. Your liberty and freedom could be at risk. An attorney may be able to help you build a strong defense against any potential negative outcomes. It may be possible to avoid any criminal record or other punishments.
Reach out to a College Park assault lawyer to see how they can advise you and help protect you during such a difficult and stressful situation.