Assault is characterized as the demonstration of a physical assault on another person. In the province of Maryland, assault is done in three diverse ways.
The three different ways are the accompanying:
- The offender has committed battery;
- The guilty party endeavored to submit battery; and
- The guilty party influenced an injured individual to have fear from battery despite the fact that it never happened to her/him.
A battery is a contact in an apprehension of a physical unlawful touching. In the United States of America, battery and generally apprehension of a physical unlawful touching are either considered a felony or a misdemeanor. A misdemeanor is a minor crime and so does not offer a serious punishment or penalty against the violator of the law. A felony is considered as a major crime with serious punishments. Among such punishments is death, imprisonment for life, etc.
An attack may be considered as a felony in some cases but cannot be recognized as a top class felony which implies that an attack offender cannot be punished by death.
In the state of Maryland, assault is divided into two degrees. These two degrees are as follows:
- First-degree assault: a serious act of physical violence where the violator of the law causes pain to the offended victim intentionally; and
- Second-degree assault: a less serious act of physical violence where the offender may cause pain to the offended victim unintentionally.
An offender in the state of Maryland should seek a highly experienced lawyer who will either find a way to prove his/ her client’s innocence or at least minimize the punishment as much as possible by finding a way to prove that the assault was done unintentionally thus showing that the crime was a misdemeanor and not a felony.
In the state of Maryland, an offender charged with an act of physical violence crime would think about what will happen after the case is done through a court of law. In a court of law, the judge along with the jury will decide if the offender is innocent or not depending on the evidence provided. If the offender is innocent then he/ she will leave without any punishment. If the violator of the law is found guilty, the court will decide if the crime is a second-degree assault or a first-degree assault. If the crime is recognized as a second-degree assault as in an unintentional attack, the offender will face a penalty that is a punishment for a misdemeanor.
In this case, the punishment will be imprisonment for a period that may go up to but not exceed ten years along with a fine that may reach but not surpass a fee of $2,500. In some cases, the offender is only punished with imprisonment while the fine punishment is not charged. If the crime is recognized as a felony that implies that the crime is a first-degree assault. This means that the offender failed to prove that the attack was unintentional and all the evidence provided proves that the physical attack was intentional. The punishment in such case is imprisonment for a period that may go up to but not exceed 25 years.
If you need a Maryland Assault lawyer to help you with your criminal case in Maryland, call us at 888-437-7747. Our Maryland criminal defense attorneys can help you. C