If you’re facing assault charges in Lanham, MD, knowing what steps to take next is essential. These charges carry serious penalties, including lengthy prison sentences in some cases. Fortunately, you never have to handle it alone. Working with a Maryland criminal defense lawyer is your best bet at beating the charges you’re facing. Let our legal team in Lanham, Maryland, help if you’re facing criminal charges. Contact the Alpert Schreyer Criminal Defense Attorneys at (301) 262-7005 to schedule a free consultation with a Lanham assault defense lawyer.
How Alpert Schreyer Criminal Defense Attorneys Can Help If You’re Arrested For Assault
If you’ve been arrested and charged with assault in Prince George’s County, MD, one of the first things you should do is reach out to an experienced criminal defense lawyer for help. Here’s how our firm can help you:
- We will sit down and listen to your side of the story to make sure we have a full understanding of what happened.
- Our team will review any evidence turned over by the prosecutor to determine the strengths and weaknesses of their case. We will also conduct our own investigation to gather evidence and build your defense.
- We will negotiate with the prosecutor for a plea deal to obtain reduced charges or lesser penalties.
- If they won’t offer a plea deal or you don’t want to accept it, we will fight your case at trial.
If you’re dealing with an assault charge in Prince George’s county, Maryland, we’re here for you. Contact Alpert Schreyer Criminal Defense Attorneys to schedule a free consultation with a Lanham criminal defense attorney.
Overview of Assault in Maryland
In Maryland, assault is classified into two degrees: first-degree assault, which is a felony, and second-degree assault, which can be either a misdemeanor or a felony, based on specific conditions, such as whether the victim is a law enforcement officer.
First-Degree Assault
First-degree assault occurs when an individual intentionally causes or attempts to cause serious physical injury to another person or when the person commits an assault with a firearm.
Second-Degree Assault
Assault in the second degree encompasses all other types of assaults that don’t meet the criteria for first degree. This includes actions where no firearm is involved and where there isn’t intent to inflict serious bodily injury on the victim. Also included are acts that lead the victim to reasonably fear imminent harmful or offensive contact or causing harmful or offensive contact with another person without their consent.
Assault on a Police Officer: Second-Degree Assault
Additionally, second-degree felony charges apply specifically in cases involving police officers. To be charged under this category, a perpetrator must act intentionally to cause physical injury and also know, or have reason to believe, that the alleged victim was a law enforcement officer performing their official duties or a probation or parole agent carrying out their responsibilities.
In this scenario, even minor injuries may elevate the charge to felony status as long as there is proof that the injury disrupts the officer’s physical condition. By understanding these classifications and legal standards for assault in Maryland, you can better navigate potential charges or seek appropriate legal support if necessary.
What Are the Penalties For Assault in Lanham, Maryland?
Understanding the penalties associated with assault charges in Prince George’s County is crucial for anyone facing these serious allegations. The consequences can vary significantly depending on whether you’re charged with first or second-degree assault.
First-Degree Assault
If convicted of first-degree assault, you face felony charges that carry severe penalties. The maximum sentence is up to 25 years in prison.
Second-Degree Assault
In cases of second-degree assault, offenders typically encounter misdemeanor charges unless special circumstances apply (such as if it involves law enforcement). Those found guilty could face up to 10 years behind bars and/or fines reaching $2,500.
Second-Degree Assault on Law Enforcement Officers
Second-degree assault against law enforcement officers is charged as a felony due to the protected status of these individuals. If convicted, you face a maximum prison sentence of 10 years and/or fines up to $5,000.
Navigating assault charges can be complex and stressful. Understanding the potential legal consequences is essential if you are charged with this crime.
What Defenses Can Be Raised If I’m Arrested For Assault?
When facing assault charges, understanding the potential defenses available can be critical for your case. Depending on the specifics of the situation, several defenses may be raised to challenge criminal allegations, including the following:
No Serious Injury or Attempt to Cause One
If it can be demonstrated that no serious injury occurred or there was no intent to cause one, you may see a reduction in charges from a felony status down to a misdemeanor. This argument relies heavily on evidence proving either minimal physical harm or lack of malicious intent during interactions. While this won’t get you off the hook completely, it will reduce the penalties you face and have less of an impact on your criminal record.
Accident
In some instances, what appeared as an assault may have actually been an accident resulting from unforeseen circumstances. If you can show that the actions leading to the alleged assault were unintentional and occurred without any ill intent, this defense may strengthen your case and could lead to an acquittal.
Self-Defense
Self-defense is another legal defense used in assault cases to argue that the accused was justified in using force to protect themselves from imminent harm. To successfully claim self-defense, it’s essential to demonstrate that you had a reasonable belief that you were facing an immediate threat of bodily harm. Additionally, you must establish that you used proportional force to the danger you were facing and that you were not the original aggressor.
Mistaken Identity
Another potential defense is mistaken identity. If you believe that another person is responsible for the offense and evidence supports this claim, such as credible alibis or witness testimony, this could lead to a not guilty charge. Eyewitness misidentification often occurs in stressful situations and can lead to the wrong person being charged.
False Allegations
In some cases, individuals face assault charges based on false allegations. This might happen due to personal disputes or ulterior motives from an accuser seeking retaliation or attention. Your defense team can gather evidence demonstrating inconsistencies in the accusations or motives that suggest the allegations were fabricated. Establishing a pattern of false claims or highlighting contradictory evidence can be pivotal in defending against charges.
Not a Law Enforcement Officer or Lack of Knowledge
If the alleged victim is not a law enforcement officer and there was no reasonable indication that they were performing official duties during the incident, this factor might reduce your charges. Proving you didn’t recognize someone as an officer at the time could lead to a reduction in charges and, therefore, reduced penalties as well.
Understanding and exploring these defenses can be crucial for those facing assault charges, as they may lead to a not-guilty verdict or a reduction of penalties. Consulting with an experienced defense attorney will help you determine the most effective strategies to protect your rights and navigate the legal process.
If you’re facing assault charges in Maryland, it’s important to seek legal help as soon as possible. It’s helpful to understand the elements of the charges as well as the defenses and penalties, but the best way to make sure you walk away without a criminal record is to let a professional help you. Contact Alpert Schreyer Criminal Defense Attorneys to schedule a free consultation with a Lanham assault defense lawyer.