Defense Of Any Assault Case Needs Aggressive Representation
Assault cases can often be serious and can carry several years in prison.
While these cases are serious, they can be hard to prove, so a Maryland criminal lawyer tries several avenues to defend the accused.
Crimes of assault involve the intention of harm by one person to another.
Any crime involving physical assault is termed as an assault, battery, or both.
Traditionally battery and assault were considered different crimes.
Battery requires that the aggressor must physically touch the victim.
This notion, however, seems to have undergone a change.
According to one of the criminal lawyers in Largo, “A battery constitutes a completed assault. Today, statutes do not try to distinguish between the two crimes”.
Most states classify assaults as either simple or aggravated.
If the assault carries a risk of death or permanent harm, it is called first degree assault.
Maryland law is very clear on this aspect.
“Intentionally causing or attempting to physically cause harm or grave injury to another is a first degree assault in this state”, says a senior Maryland criminal lawyer.
First degree assault also involves committing an assault with a firearm like a rifle or a shot gun.
This kind of assault can be subjected to imprisonment not exceeding 25 years.
How do you define second degree assault?
It is intentional creation of fear in the mind of the victim that he or she is about to encounter bodily harm.
An example of second degree assault can be swinging a tennis bat at the opponent or at a spectator or attempting to punch them.
This act must imply that the victim feels reasonably threatened.
The aggressor’s mindset is of no consequence – only the victim’s mindset is taken into account.
This simply means that people who face assault charges must be represented by a competent lawyer.
Defenses available can vary depending on the facts and circumstances of the case.
Some common defenses used include:
This is the most frequent form of defense used in assault cases. The accused must prove that there was a threat of unlawful force or harm against him or her and there must be reasonable basis for this.
The accused must also be able to convince the court that there was no reasonable chance of escaping or retreating unless the alleged act was undertaken.
Defense of property
The defendant can claim that he or she acted only in defense of his or her property being forcibly occupied or wrongfully withheld.
Assault cases rely heavily on eye-witness authentication or testimony.
More often than not, this can be imperfect.
The identity of the perpetrator is a significant issue in assault cases.
Self-defense is a common reason that applies in most cases.
The prosecutor must prove beyond a reasonable doubt that the accused was not acting in self defense.
The prosecutor has the burden of disproving self-defense. It is here that a skilled criminal defense lawyer can get the upper hand in the case. If you have been arrested of an assault crime, consult an experienced Maryland criminal lawyer. He or she will be able to explain theoptions available to you and advise you on how to move ahead.