As the holiday season winds down, I thought I should address Maryland's Second Degree Assault.
Under the MD Criminal Code, a person charged with second degree assault can be convicted of a misdemeanor and can be sentenced up to 10 years in prison and a fine not exceeding $2,500 or both. The assault becomes a felony if a person is convicted of assaulting a law enforcement officer or parole officer while performing their duties.
When a person can face up ten years in prison, the crime should fit the time. Strictly speaking, almost any kind of physical contact with another would qualify as second degree assault. In my experience, I have seen assault charges filed from alleged sex offenses, routine bar room brawls, pushing a hostile neighbor and even throwing a cup at someone.
A person charged with second degree assault should take this very seriously. They could face substantial jail time now, and unknowingly set themselves up for more jail time later.
A plea negotiation with probation before judgement could seem like a good option. However, if the accuser is a family member, neighbor or co-worker, who's to say they won't file charges again? Then what? Now the defendant is facing two assault charges.
If a defendant accepts a guilty plea with a suspended sentence, any kind of criminal infraction could violate their probation and expose them to incarceration. Imagine a defendant accepting a second degree assault conviction and receiving two years jail time all suspended. Fast forward nine months and the defendant violated his probation. Now that defendant could face significant jail time. Perhaps another plea or even a trial would have better served this defendant. Only the defendant and their lawyer know the answer.
So how can you defend your second degree assault case? First of all, the defendant needs to spend significant time with their lawyer as soon as possible. As time passes, people tend to forget. Many times these "assaults" have several witnesses. Its important to identify these witnesses and determine if they can aid your defense.
Secondly, the defendant and their lawyer need to discuss if the defendants were victims of assault themselves. If the defendant was assaulted by their accuser, they could file charges as well.
And lastly, the defendant and their lawyer need to discuss the legal defenses to assault. The defendant's lawyer can also prepare a case for trial. The party more prepared for trial betters their chance of securing a winning plea agreement.
As any case, certain other factors and circumstances may be critical to the case. Regardless, I hope the reader finds this blog helpful in navigating Maryland's Second Degree Assault.
ABOUT ME: Howard A. Brucker is a Maryland attorney located in Havre De Grace, Maryland. A former law clerk with the Cecil County State’s Attorney and the Delaware Department of Justice, Howard represents clients in all of Maryland Courts, including Harford, Cecil, Kent and Baltimore Counties. Howard offers free criminal consultations and accepts credit cards and payment plans. Any reference to any cases referred to in this or any blog, which were handled by The Law Office of Howard A. Brucker, LLC would be considered an advertisement and past success does not guarantee future results
