Have You Been Charged with Assault? We Can Help.
Facing assault charges in Charles County can result in spending years in prison if you’re convicted, which is why it’s important to find an attorney that can help prepare a strong defense for you. Being convicted of assault, even if you are lucky enough to escape a prison sentence can still result in loss of job opportunities and being looked upon as an outcast in your community.
Assault is typically thought of as a physical attack of some kind, but it is actually any type of attempt to touch another person without their consent and placing someone in fear that you will touch them. Battery occurs when the touching actually occurs.
Types of Assault
Domestic violence only makes up a handful of assault cases, but all types of assault can usually be categorized as one of the following:
- Assault in the First Degree: First degree assault occurs regardless of whether serious physical injury or an attempt to inflict serious injury is involved. Individuals are prohibited from intentionally causing or attempting to cause serious physical injury to another individual.
- Assault in the Second Degree: Crimes in the second degree prevent a person from committing any type of assault on another person. This also includes assault against a police officer, but the penalties are much more severe.
Possible Defenses for Assault Charges
The defenses available for assault vary widely depending on the circumstances and facts surrounding each individual case. They can however, include the following:
- Self-Defense: This is the most common defense, but to use this the accused person must prove that there was a threat of force or real perceived fear.
- Defense of Others: This is similar to self-defense, with the difference being that the accused person must have an honest perceived fear that another person was being harmed.
- Consent: This may be a defense depending on the jurisdiction, but if available, the accused person must show that the victim consented voluntarily to the particular act. This is most often seen as a defense in cases that involve sexual assault.
- Defense of Property: The defendant may be able to claim that they acted only in defense of their property. The availability of this defense varies from state to state but is generally allowed when a person’s home is involved.
Under some special circumstances, assault charges may be able to be dismissed before a trial is even needed. An experienced defense attorney will pursue this option if at all possible. To have your assault case dismissed, both you and the victim must agree to the dismissal and the court must deem that the dismissal is the proper course of action.
Get the Defense You Deserve
While first degree and second-degree assault differ significantly, the penalties for both offenses can be significant enough you need an attorney who knows how to defend you against those charges. Regardless of the circumstances or the offense you are being charged with, the Law Office of Hammad S. Matin, P.A. in Maryland can provide you with immediate assistance to investigate your case and provide you with the strong defense you deserve.