If you are facing an allegation involving assault in Montgomery County, you may be confused as to how you got in this position. You may believe that the incident involved mere self-defense, or not understand why there was an arrest even though you never hit another person.
While many people understand that it is illegal to touch another person without their consent, Montgomery County’s laws concerning assault are much more nuanced. In fact, merely attempting to hit another person can lead an officer to make an arrest and charge a person with assault.
A Montgomery County assault lawyer could help you no matter how serious the allegations of assault may be. Whether the incident involves a simple threat to do violence or resulted in an apparent severe injury, an accomplished defense attorney could help to protect your freedom. They can work to argue for fair bail terms, to strive to exclude any illegal evidence and to present a defense at trial.
The Concept of Assault in Montgomery County
Assault is one of the oldest concepts in criminal law. According to the Maryland Criminal Law Code §3-203 it is illegal for a person to commit an assault. While this statement is certainly clear, it does little to help a reader understand what it means to commit an assault.
Since the statute does not define an assault, it is necessary to look to the courts for a definition. Traditionally, an assault is any unwelcome physical contact made against another. Ia defendant slaps a person, an assault has occurred.
It is also possible to face assault charges if physical contact never happened. This is because courts have ruled that the mere threat of violence is also an assault. If a defendant attempts to slap someone and misses, it is the intent to cause harm that is illegal. A conviction for a failed assault is just as serious as for assaults that are successful. An assault lawyer in Montgomery County could help a person understand this concept of the law.
The Potential Consequences for an Assault Conviction
The basic version of assault is known as assault in the second degree. According to Md. Criminal Law Code §3-203, most instances of assault in the second degree are misdemeanors. This means that a conviction can result in up to ten years in jail, a fine of up to $2,500, or both.
As a seasoned attorney could explain, some aggravating factors can make an assault charge a felony. One aggravating factor is the identity of the accuser. If the target of the alleged incident is a police officer, a first responder, or a parole officer, assault in the second degree becomes a felony. This means that a conviction is more likely to result in imprisonment and the maximum potential fine increases to $5,000.
Any assault that results in serious bodily injury is known as assault in the first degree. According to Md. Criminal Law Code §3-202, these offenses are always felonies and the maximum prison term may be as many as 25 years. A serious bodily injury is an injury that creates a substantial risk or death or that causes disfigurement or organ damage. The decision to upgrade a charge to assault in the first degree is typically in the hands of the prosecutor. An intelligent Montgomery attorney could build a defense case for individuals facing assault allegations.
Talk to a Montgomery County Assault Attorney
An assault is an attack upon the wellbeing of another person. It does not matter if the attack actually results in harm; as long as a defendant intends to cause harm, they commit an assault. Assaults can range in seriousness from misdemeanors to harsh felonies. It is vital that you understand the law to create a defense that could lead to the best possible results.
Hiring a Montgomery County assault lawyer could provide essential protection. An attorney could work with you to explain the law, to examine the case for any potential defenses, and help you to identify realistic goals. Whether a person’s defense centers around a lack of intent to cause harm, self-defense, or aims to reduce the seriousness of the charge, an attorney may be able to help. Contact a lawyer today to learn more.
