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First Degree Assault Maryland
Baltimore Assault Defense Lawyers
Convictions for assault carry serious penalties in Maryland, even if you didn’t cause any injury to the alleged victim. While many U.S. states make a distinction between assault and battery, Maryland law does not.
In fact, Maryland Criminal Code § 3-201 groups what most states call battery (unwanted physical contact) into the same category as assault (threatening another person with physical harm). A number of aggravating factors can affect an assault charge, as well.
Our Baltimore criminal defense attorneys have extensive trial experience. We will work with you directly and examine your case closely to create a strong, energetic defense using proven legal strategies.
What Is First Degree Assault in Maryland?
Maryland determines different degrees of assault based on the type of harm inflicted. First degree assault charges are more serious than second degree charges. According to Maryland Criminal Code, Section 3-202, first degree assault involves the following:
- Intentionally cause or attempt to cause serious physical injury to another.
- Commit an assault by intentionally strangling another.
- Commit an assault with a firearm.
What is Considered a Firearm in MD?
What Maryland law considers and defines as a firearm is very broad.
- Rifles (short-barreled rifles included)
- Shotguns (short-barreled shotguns included)
- Assault pistols
- Machine guns
- Antique firearms
- And any other regulated type of firearm
There is no precise definition of what “serious bodily injury” entails, which leaves room for interpretation. This means that when law enforcement has to decide between charging a person with either first- or second-degree assault, they are more likely to err on the side of choosing the more serious charge.
First Degree Assault Charges in Maryland
Penalties for conviction of first-degree assault include:
- Mandatory minimum prison sentence: 10 years
- Up to 25 years in prison
- Felony charges
- High bail fees, if bail is given
- Exorbitant fines
Additionally, anyone who attempts and fails to commit assault is still viewed with the same level of culpability. Therefore, attempted first-degree assault is also punishable by up to 25 years in prison.
First Degree Assault Defenses in Maryland
Our experienced first degree assault defense attorney in Baltimore can help you understand your legal options and build a strong defense strategy. Here are some of the possible defense strategies:
- Self-defense: Proving you acted in self-defense and used reasonable force to protect yourself from harm.
- Lack of intent: First degree assault requires that the defendant acted intentionally. Showing that there was no intent to cause serious bodily harm may get your charges reduced or dismissed.
- Mistaken identity: Showing you were wrongly identified as the perpetrator of the assault.
- Insufficient evidence: If the prosecution cannot prove beyond a reasonable doubt that you committed the crime.
- Alibi: Providing evidence that you were somewhere else at the time of the assault.
Facing Assault Charges in Baltimore? Contact Mark G. Scheuerman Today.
Choosing the right criminal defense attorney in Baltimore can make all the difference in the outcome of your case. If you have been charged with first-degree assault, we encourage you to reach out to Scheuerman Law, LLC for a free case evaluation.
Don’t delay in seeking criminal defense representation. Even if you have yet to be charged, it is in your best interest to retain legal aid right away to devise a robust defense. Call us today at (410) 630-4274 or contact us online for a free consultation.
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We have 50 years of combined legal experience among our attorneys.
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We're ready to take prosecutors, judges, and juries head-on for you.
Defending against charges takes skill, and we possess the keen ability to do so.
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“If you want to win, you want Mark Scheuerman and his team.”- Anna O.