Assault charges in Maryland can be severe and carry significant legal consequences. These charges fall under two primary categories: first-degree assault and second-degree assault. First-degree assault is considered a felony and involves causing or attempting to cause serious physical injury to another person, or committing an assault with a firearm. Second-degree assault is generally a misdemeanor and involves intentionally causing or attempting to cause physical harm to another person.
The distinctions between these two categories are crucial as they determine the severity of the penalties, which can range from fines and community service to long-term imprisonment. When facing such serious allegations, it is essential to understand the potential defenses available to effectively navigate the legal system.
Self-Defense
One of the most common defenses to assault charges in Maryland is self-defense. This defense is based on the principle that individuals have the right to protect themselves from physical harm if they genuinely believe they are in imminent danger. To successfully assert self-defense, the accused must demonstrate that they were not the aggressor and that their actions were necessary to prevent harm to themselves. Additionally, the force used in self-defense must be proportionate to the threat faced. For instance, if someone is attacked with a deadly weapon, they may be justified in using deadly force in response. However, using excessive force that goes beyond what is reasonably necessary can undermine a self-defense claim. Therefore, it is crucial to provide evidence that supports the perception of imminent danger and the reasonableness of the response.
Defense of Others
Similar to self-defense, the defense of others allows an individual to use reasonable force to protect another person from imminent harm. This defense is applicable when the accused reasonably believes that the person they are defending is in immediate danger of being assaulted. The key to this defense is demonstrating that the intervention was necessary and proportionate to the threat. For example, if an individual witnesses a friend being attacked, they may step in to prevent the assault, provided their actions do not exceed what is necessary to stop the threat. As with self-defense, the use of excessive force can jeopardize the validity of this defense. Therefore, gathering witness testimonies and any other evidence that can substantiate the perceived threat and the necessity of the intervention is crucial.
Founding Partner Founding Partner Attorney Attorney
Andrew D. Alpert
Michael J. Schreyer
Michael Berman
Jason Miller
Lack of Intent
In Maryland, assault charges require proof of intent, meaning the prosecution must establish that the accused intended to cause harm or apprehension of harm to the victim. If the defense can demonstrate that there was no intent to harm, it can significantly weaken the prosecution’s case. This defense is often used in situations where the accused’s actions were accidental or misunderstood. For instance, if someone unintentionally causes injury to another person during a physical activity or in a moment of confusion, they may argue that there was no intent to harm. To successfully employ this defense, it is important to present evidence that clarifies the context of the incident and supports the claim of accidental or unintentional conduct.
Consent
Another viable defense to assault charges is the concept of consent. If the alleged victim willingly consented to the actions that led to the assault charge, the accused may argue that no crime was committed. This defense is frequently seen in cases involving physical sports or mutual altercations where both parties agreed to engage in certain conduct. However, it is important to note that consent must be given freely and voluntarily, and it cannot be obtained through coercion or deception. Additionally, consent may not be a valid defense if the conduct goes beyond what was agreed upon or if serious injury occurs. Therefore, it is crucial to provide evidence that clearly demonstrates the victim’s consent and the nature of the agreed-upon conduct.
With criminal charges starting at age 18 and I’m now 45 I recently got a subsequent charge. Working hard at family and work life over the years this would have ruined it all. Stressed to the max I searched for the person who could do what others couldn’t. They structured a plan for me and I walked today from court. Being no stranger to the courtroom he was more than impressive, he owned it. Be honest with him, do what he says and you will no doubt be in the best possible position you could be in when you walk in with him. From the bottom of heart I thank you and your team for all that you did!” - Ryan W.
Alibi
An alibi defense involves providing evidence that the accused was not present at the scene of the alleged assault and therefore could not have committed the crime. This defense relies on witness testimonies, video footage, or other forms of evidence that can confirm the accused’s whereabouts at the time of the incident. For an alibi to be effective, it must be credible and corroborated by reliable sources. If the accused can convincingly establish that they were in a different location when the assault occurred, it can create reasonable doubt and lead to an acquittal. Therefore, gathering and preserving any evidence that can support the alibi is essential to mounting a successful defense.
Mistaken Identity
Mistaken identity can be a powerful defense in assault cases, especially when the circumstances of the incident make it difficult to accurately identify the perpetrator. This defense is based on the argument that the accused has been wrongly identified as the assailant due to factors such as poor lighting, high stress, or the presence of multiple individuals at the scene. To support a mistaken identity defense, it is important to highlight inconsistencies or inaccuracies in the victim’s description of the assailant and to provide alternative evidence that points to the accused’s innocence. Eyewitness testimonies, surveillance footage, and physical evidence can all play a crucial role in establishing reasonable doubt regarding the accuracy of the identification.
Steps to Take if You Were Arrested Today Probable CauseRelated Videos
Insanity or Mental Incapacity
In some cases, a defendant may argue that they were not in a sound state of mind at the time of the alleged assault and therefore cannot be held criminally responsible for their actions. This defense is based on the principle that individuals who lack the capacity to understand the nature of their actions or to distinguish between right and wrong should not be held liable for criminal conduct. To successfully assert an insanity or mental incapacity defense, the accused must provide evidence of a diagnosed mental disorder or impairment that affected their ability to control their actions. This often involves testimony from mental health professionals and a thorough examination of the defendant’s medical history. While this defense can be challenging to prove, it can result in a verdict of not guilty by reason of insanity or a reduced sentence that takes into account the defendant’s mental condition.
Duress
The defense of duress involves proving that the accused committed the assault under the threat of imminent harm or death from another person. This defense asserts that the defendant was forced to act against their will due to the coercive influence of another individual. To establish a duress defense, the accused must demonstrate that they had no reasonable opportunity to escape or avoid the threatened harm and that the force used was proportionate to the threat. This defense is particularly relevant in cases where the accused was compelled to participate in an assault by a more dominant or threatening individual. Providing evidence of the threats made and the lack of alternative options is crucial to substantiating a duress defense.
Verdicts & Settlements
Legal Representation
Navigating the complexities of assault charges in Maryland requires a thorough understanding of the legal system and the ability to effectively present and argue various defenses. A defense attorney plays a critical role in evaluating the specifics of each case, identifying the most viable defense strategies, and gathering the necessary evidence to support those defenses. An experienced attorney can also negotiate with prosecutors to seek reduced charges or alternative sentencing options, such as probation or community service, which can significantly mitigate the impact of an assault conviction. Therefore, securing competent legal representation is essential for anyone facing assault charges.
Advocating for You
If you or a loved one is facing assault charges in Maryland, the experienced attorneys at Alpert Schreyer, LLC are here to help. With a deep understanding of Maryland’s legal system and a commitment to providing personalized and aggressive defense strategies, our team will work tirelessly to protect your rights and achieve the best possible outcome for your case. We understand the stress and uncertainty that come with criminal charges, and we are dedicated to guiding you through every step of the legal process. Contact Alpert Schreyer, LLC today to schedule a consultation and take the first step toward securing your future. Let us be your trusted defense partner in Maryland.