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When an argument escalates to an assault charge

On Behalf of | Sep 26, 2024 | Assault

It seems to happen suddenly. You’re enjoying drinks and a few laughs with friends when an argument arises. Things quickly escalate, and before you know it, you’re being charged with assault.

What should you do?

Maryland’s definition of assault

Maryland has two different degrees of assault:

  • First-degree occurs when someone intentionally causes or attempts to cause serious physical injury to another. The injuries must either pose a substantial risk of death, cause permanent disfigurement, or lead to a severe impairment of bodily functions. First-degree assault also encompasses assaults that involve the use of a firearm. This type of assault is considered a serious felony in Maryland, and a conviction can result in up to 25 years in prison.
  • Second-degree assault is considered a misdemeanor unless it involves assaulting a police officer. In that case, it becomes a felony. This degree of assault doesn’t involve severe harm or the use of weapons. Instead, it’s offensive, unwanted touching, or the threat of such, which may cause reasonable fear of harm in the victim. Conviction of second-degree assault may result in up to 10 years in prison and a fine of up to $2,500.

Some possible defense strategies against an assault charge include:

  • Self-defense: You were protecting yourself from immediate harm.
  • Defense of others: Similar to self-defense, you protected another individual you believed was in imminent danger.
  • Lack of intent: The alleged assault was accidental and lacked malicious intent.
  • Consent: It was a situation where physical contact was expected, and the alleged victim consented to the actions.
  • Mistaken identity: The alleged victim and witnesses are uncertain who committed the assault.

If you are facing assault charges, you must work with someone who can help in constructing a solid defense strategy. They can assist you in navigating the judicial process and will try to get the best possible outcome for your situation.

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