First Degree Assault Maryland Lawyer Montgomery Howard Baltimore County
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Maryland has a variety of assault ranging from offense to crime. These statutes cover a variety of behaviors. This article looks at the one of the most serious crimes in Maryland: first-degree assaults, and possible sentences for convictions.
Elements of the first degree assault in Maryland
1st degree assault is defined as deliberate causing or attempting a serious bodily injury to another person. Any attack made with a weapon is also considered a first-degree assault. The definition of firearm is very broad. It includes handguns, antique firearms, rifles (including short-barreled rifles), shotguns (including short-barreled shotguns), assault pistols, machine guns and all other regulated firearms. A person who commits a first-degree assault has committed a crime and can be sentenced to imprisonment of up to 25 years. (Maryland Criminal Code, Section 3-202)
In the eyes of the law, a person who tries to get one to commit an attack and fails will be considered with the same degree of culpability as the person who attempted the 1st degree assault and had committed the crime successfully. This means that a first-degree attempted assault can also be punished with imprisonment of up to 25 years (Maryland Criminal Code, Section 1-201).
What does the law mean with a firearm? A “handgun” includes any firearm that can be hidden from a person. (Maryland Criminal Code, Section 4-201)
The definitions of rifle and shotgun are similarly broad. The legislator’s intention is not to tolerate anyone using any kind of firearm to attack another person. It is also important to note that firearms are not the only type of weapon that can bring about a first-degree assault conviction. Even simple weapons like a knife or a bat can cause this kind of charge when used to harm another person.
The Element Of Intent In Maryland:
The crime of a Maryland first degree assault includes an intent element. This means that it would not be enough just to prove that one person has seriously injured another person. The state’s attorney must also prove that he intended it. The law assumes that a person has intended the natural consequences of their actions. The state’s attorney must only prove that the defendant intended to act the way he or she did, and that the injury resulted. The public prosecutor’s office does not have to prove either malice or malice to the victim, or the defendant wanted to cause the specific injury that has occurred. Nevertheless, a seasoned first degree assault lawyer can try to mitigate the evidence and substantiate doubts in the minds of the jury as to whether the defendant really intended to do what he or she did. The first degree assault lawyer can work to minimize the impact of the state’s attorney’s evidence on the intent.
Since MD first-degree assaults are violent crimes, a second offense of first degree assault requires at least 10 years’ imprisonment. For a third offense of first degree assault, the minimum sentence is 25 years imprisonment. If a person is sentenced for the fourth time for a first degree attack, he or she will be sentenced to life imprisonment without the possibility of parole (Maryland Criminal Code, Section 14-101).
The judge has no discretion to suspend or impose these penalties – they are required by law.
Under the law of Maryland, a person may not seal or eliminate a conviction of a crime. Many people believe that an expungement can erase their records, just as a traffic ticket earns points only a few years after the offense. Unfortunately, that’s not the law for this type of crime. A criminal conviction remains in a person’s file for the rest of his life. In Maryland, charges can only be removed from a person’s records in very specific circumstances, and a first-degree conviction sentence can never be overturned. (Maryland Code of Criminal Procedure, sections 10-105).
Therefore, it is important to have an experienced Maryland criminal lawyer, who can work with you from the beginning to get the best possible legal results. If you have been charged for first-degree assault in Maryland, contact a Maryland criminal lawyer today for a consultation.
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