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TODD K. MOHINK, PA Glen Burnie & Columbia Family & Criminal Lawyer

Maryland Man Faces Assault Charges for Hitting Council Member With Bat

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An argument at a home in Salisbury recently led to assault, among other charges. The incident occurred on the evening of June 6 in the 1000 block of Bell Avenue. A 41-year-old man assaulted a 59-year-old man after a disagreement led to a physical altercation.

The victim is a Wicomico County councilman who was elected in 2014. He is currently the vice president of the council. He was hospitalized with a severe head injury.

The two men had been arguing over a dog bite situation involving two dogs. The 41-year-old man walked onto the other man’s property and started a verbal argument. The 59-year-old man had a baseball bat. The 41-year-old man forced his way into the house and punched the other man in the upper body and head. He then grabbed the bat and hit the man in the head.

The 41-year-old man then drove off. Police could not immediately locate him, so they obtained a warrant for the man’s arrest. He was found early the next morning in the 1200 block of Mount Hermon Road. The man was arrested and charged with first- and second-degree assault, burglary, trespassing and reckless endangerment. No bond has been set at this time. 

What Constitutes Assault? 

Under Md. Code, Crim. Law § 3-202, first-degree assault occurs when a person intentionally causes serious physical injury to someone else. This type of assault involves a firearm, such as a rifle, shotgun, handgun or antique firearm. A person convicted of first-degree assault is charged with a felony and can face up to 25 years in prison.

Under Md. Code, Crim. Law § 3-203, second-degree assault involves physical contact that causes injuries, even minor ones. A person convicted of second-degree assault can face 10 years in prison and a fine of $2,500. If the assault involves a law enforcement officer or emergency personnel, the fine is elevated to $5,000.

Another type of assault is reckless endangerment. Under Md. Code, Crim. Law § 3-204, reckless endangerment is defined as conduct that can cause serious injury or death to someone. This includes, but is not limited to, discharging a firearm from a car.

Defenses for Assault

In order to reduce your charges or even eliminate them altogether, you need a solid defense. Based on the facts of your case, your lawyer may consider one or more defenses. He or she may:

  • Argue a lack of criminal intent.
  • Develop an alibi.
  • Prove self-defense.
  • Try to find witnesses who can testify on your behalf.
  • Determine if coercion is a factor.
  • Prove that someone is lying or providing a false account of events.
  • Make a plea bargain to reduce your charges

Contact a Maryland Criminal Defense Lawyer Today 

Assault is a serious charge in Maryland. Any type of offensive physical conduct can lead to prison time and fines.

You need aggressive representation for the best outcome possible. Seek a solid defense from the Columbia assault lawyers at the Law Offices of Todd K. Mohink, P.A. For a free consultation, call (410) 774-5987 or fill out the online form.

Resource:

delmarvanow.com/story/news/local/maryland/2019/06/10/after-baseball-bat-assault-fight-over-dog-ocean-pines-man-arrested/1411374001/

https://www.marylandlawhelp.com/understanding-marylands-unique-assault-laws/

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