A physical altercation can happen anywhere. Harsh words can escalate into a fight and involve pushing, punching and kicking. This is called assault, and it tends to happen when alcohol is involved, such as at bars or sporting events. It can also happen at a person’s home, in a domestic violence dispute.
Assault can also happen in a school environment. That was what happened when a student and a teacher in Maryland got in a physical altercation with each other. Although the 17-year-old student provoked the incident, the teacher fought back in an “extraordinarily violent” attack that was considered “very disturbing.”
The assault occurred at Largo High School in Upper Marlboro. The incident began when the student bumped into the teacher and stepped on her foot. The 36-year-old teacher fought back, repeatedly kicking and hitting the student. Students pulled the two apart. After the teacher and student were separated, the student grabbed the teacher from behind and hit her.
The teacher was arrested on November 15 and now faces second-degree assault charges as well as charges of child abuse. The student could also face charges in juvenile court.
The incident was provoked by the student, who was upset at the teacher for calling her parents the night before. That was when she approached the teacher and started the assault.
The student nor the teacher required medical attention. The investigation into the assault involves more than 30 students and eight administrators.
There are two main types of assault in Maryland: first-degree and second-degree assault. Both are considered felonies. Most fights are classified as second-degree assault, which involves physical contact or threats of such. The teacher in this case faces second-degree assault charges, which means she could be forced to spend 10 years in prison and pay a fine of $5,000.
First-degree assault is more severe. It involves serious physical injury or assault with a weapon. Making a threat while in possession of a weapon can be a first-degree offense. Serious physical injury refers to impairment of an organ or body part, a serious disfigurement or risk of death. A person convicted of first-degree assault can face 25 years in prison.
In either case, an assault conviction has severe consequences. Your life will be impacted in many ways. Make sure you have legal representation on your side for the best defense possible. Your lawyer can use many strategies, such as lack of criminal intent, self-defense, coercion, eyewitness testimony and misinterpretations of fact. Your lawyer may also recommend you take a plea bargain in exchange for lesser criminal charges.
An assault charge is serious, especially when the incident in question is between an adult and a minor. A conviction can negatively impact your life.
Fortunately, there are many defenses that can be used against assault. The Columbia assault attorneys at the Law Offices of Todd K. Mohink, P.A. can represent and help you get a favorable outcome. Call (410) 774-5987 or fill out the online form to schedule a free consultation today.
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