Being charged with assault is a serious matter. The Office of The State’s Attorney for Montgomery County takes a harsh approach in prosecuting assault and battery cases. A conviction for assault can result in a person suffering a permanent criminal record along with a possible sentence in jail or prison.
If you or a loved one has recently been charged with assault, you need to consult with a Silver Spring, Maryland assault and battery attorney immediately. The dedicated attorneys at Portner & Shure, P.A., will fight to protect your rights and will work with you build a strong and effective defense. To speak to one of our Silver Spring criminal defense attorneys about your case, call or contact us online for a free, confidential consultation.
Assault In Silver Spring, Maryland
Historically, assault was a common law crime. At common law, assault was defined as an action that places a person in fear of an immediate offense contact. At common law, battery was defined as an offensive contact. Currently, Maryland has two assault statutes, 1st degree assault and 2nd degree assault.
Pursuant to Maryland criminal law § 3-202, 1st degree assault is defined as an intentional act that causes serious physical injury to another person or using a firearm while committing 2nd degree assault. The maximum penalty for 1st degree assault is 30 years in prison.
Pursuant to Maryland criminal law § 3-203, 2nd degree assault is defined as an act that places another person in fear of an unwanted physical contact, or taking a substantial step towards an unwanted physical contact, or an unwanted physical contact. The maximum penalty for 2nd degree assault is 10 years in prison and / or a $2,500 fine.
How Assault and Battery Is Charged
Police and prosecutors frequently charge people with 2nd degree assault. This is because of the broad definition of “unwanted physical contact” which can include hitting, pushing, shoving, or throwing an item or liquid on another person. This often results in people being charged with 2nd degree assault based on facts that are often ridiculous. Nonetheless, prosecutors charge people with 2nd degree assault in order to intimidate them.
Defenses
When a person is charged with a crime, they are presumed to be innocent. The State of Maryland has to prove a person’s guilt beyond a reasonable doubt. A strong defense may prevent the State from meeting this burden. In many assault cases, the prosecution’s case depends on the credibility of the victim. A review of the evidence may show that the victim lacks credibility or is in fact lying. Along with this, a person charged with assault is permitted to argue self-defense. In order to succeed with a self defense argument, a person must generate evidence that they had a reasonable belief that they were facing imminent physical harm and that they uses “reasonable force” to prevent an attack. However, the force a person used to defend themselves must be have been proportional.
Why Hire Portner & Shure, P.A., For A Montgomery County Assault Case?
Assault is a crime of violence. If you have been charged with assault, building a strong defense is essential. The zealous attorneys at Portner & Shure, P.A., will investigate the facts surrounding your case and will work with you to prepare the defense possible. Our award-winning criminal defense attorneys will fight to protect your rights, freedom, and your future. To schedule a free consultation regarding your Silver Spring assault and battery case, contact us at or contact us online. Our staff speaks English, Spanish, Korean, Chinese (Cantonese and Mandarin), and Vietnamese.
