Arguments at home, bar fights, road rage incidents, and clashes at sporting events are just some of the intense situations that can lead to serious legal problems. Assault charges are no small matter: that is why, the minute you are charged, you would be wise to ask to speak to a tough, no-nonsense Columbia assault lawyer from the Law Offices of Todd K. Mohink, PA. Our experienced lawyers and support team can help you get the most favorable results for your case.
Our experienced legal team knows how to provide the best possible defense for our clients. It is vital that you choose an experienced firm like the Law Offices of Todd K. Mohink, PA, to support you through your assault charge. Leaving a choice like your legal representation to chance can severely affect the trajectory of your life. A conviction and subsequent years in prison will negatively impact every area of your life, including your relationship and career. We understand how significantly this situation can change your life and want to help you get the best outcome possible for your situation. You can anticipate:
Maryland law provides for severe penalties in association with assault convictions:
|Criminal Code Section 3-202||Causing or attempting to cause serious physical injury, or assault with a firearm or weapon||1st degree assault||25 years in prison|
|Criminal Code Section 3-203||Threats or causing offensive physical contact against another||2nd degree assault||10 years in prison + $5,000 fine|
The differences between a 1st degree charge and a 2nd degree charge are significant. The former implicates the threat or attempt to cause substantial risk of death or cause permanent or protracted serious disfigurement or functional loss or impairment of a body part or organ. For this reason, simply making a threat while in possession of a deadly weapon can result in charges. According to Maryland criminal code Section 3-202, which covers assault in the first degree, a deadly weapon used during an assault crime includes any firearm. It defines a firearm as a:
Maryland statute looks at offensive physical contact, a second-degree offense, as that which a reasonable person would determine to be offensive. Again, the mere threat may result in charges. The Maryland state code Section 3-203 states that a person is prohibited from committing any type of assault against another, but the offenses that fall under this charge type are less severe than first-degree assault. However, there is an exception if the assault is committed against a government official, like a law enforcement officer, parole officer, or probation agent.
Although the penalties associated with each charge are very different, they are both clearly life altering. Making sure you are not overcharged is one key responsibility of your Columbia legal team and the major reason your choice of defense lawyer is so incredibly important.
Although any assault charge in Maryland is serious, there are certain factors that will elevate the severity. The two biggest aggravating factors are the accused’s record and the nature of the assault. A person with prior convictions is usually sentenced harsher than someone who does not.
The severity of the assault also matters, as slapping someone’s hand will be treated differently than punching someone in the face. Another aggravating factor is if the assault was motivated by ethnicity or race, but this is difficult to prove for the prosecutor. Domestic assault will also usually be treated more severely than second-degree assault, and enhanced penalties will apply for those convicted of multiple domestic assault cases.
The knowledgeable team at the Law Offices of Todd K. Mohink, PA, will consider a number of strategies in developing a comprehensive defense. Some factors worth contemplating may include:
Each assault case is different and must be handled carefully to ensure the proper defense is used for your situation. The penalties for assault are severe, so an effective defense can keep you from spending many years in prison and/or thousands of dollars in fines.
According to Maryland criminal code section 3-207, certain circumstances allow assault charges to be dismissed before a trial even occurs. Your assault charges can be dismissed by the court if both the alleged victim and you agree to the dismissal of the charges and the court supports the dismissal as the proper course of action. Your Columbia criminal defense attorney will likely attempt to pursue this as the primary course of action, then create other plans if it does not work and the case progresses to trial.
An accusation of assault can change your life forever. That is why it is essential to have experienced, assertive, and thorough attorneys going to bat for you. At the Law Offices of Todd K. Mohink, PA, in Columbia, you will find a skilled and dedicated team who will fight to achieve the best possible outcomes in your case. For over 20 years, our firm has protected the rights of those accused of crimes, and we are ready to do the same for you. Contact our Howard County assault lawyers by calling 410-766-0113 to schedule a confidential consultation today.
7310 Ritchie Highway, Suite 910
Glen Burnie, MD 21061
30 Corporate Center
10440 Little Patuxent Parkway,
Columbia, MD 21044