Elkridge Assault Defense Attorney

Lawyer for Charges of Assault and Battery in Elkridge, MD

If you have been accused of threatening or injuring someone, you may be facing charges of assault. Depending on the severity of the alleged offense, you could face serious penalties if you are convicted. Whether the incident involved a physical altercation, an alleged threat, or a misunderstanding, you will need to determine what steps you can take to defend against assault charges, and you can do so with the help of an experienced criminal defense lawyer.

The Elkridge assault defense attorney at The Law Offices of Gerstenfield & Demirji, PC. can provide the dedicated legal representation you need when facing assault charges. By carefully reviewing the facts of your case and presenting a defense grounded in Maryland law, he will work to protect your rights and help you achieve a favorable outcome to your case.

First-Degree and Second-Degree Assault Charges in Maryland

Assault may involve multiple types of actions that allegedly caused someone to fear that they would suffer harm or that resulted in injuries. The potential charges may include:

Second-Degree Assault

Assault generally involves intentionally causing or attempting to cause someone to suffer physical harm. However, it may also involve actions that led someone to fear that they would suffer harm, as well as intentionally touching someone in a way that the person considered to be offensive. The alleged conduct does not need to have caused an injury for a person to be charged with second-degree assault.

Examples of situations that could lead to second-degree assault charges include:

• Swinging to punch someone during an argument but missing
• Shoving another person during a confrontation
• A verbal threat accompanied by aggressive physical behavior
• Hitting a person without inflicting a serious injury

Second-degree assault is a misdemeanor, but it can still carry significant penalties. A conviction may result in up to 10 years in prison and a fine of up to $2,500.

First-Degree Assault

If a person is accused of engaging in actions that could be considered assault, and they inflicted or intended to inflict serious physical injuries, they could be charged with first-degree assault. Examples of actions that could lead to first-degree assault charges include:

• Hitting someone repeatedly and inflicting injuries such as broken bones or brain trauma
• Attacking someone with a weapon, such as a knife or club
• Threatening someone with a firearm
• Taking other actions that caused someone to believe that they would suffer serious harm

First-degree assault is a felony offense that could lead to a potential sentence of up to 25 years in prison. The prosecution must prove beyond a reasonable doubt that the accused intended to inflict serious harm or used a firearm when committing assault. A conviction may lead to other long-term consequences, including the loss of gun rights, restrictions on professional licenses, and immigration consequences for non-citizens.

Legal Defenses to Assault Charges

Our assault defense attorney will carefully examine the circumstances surrounding the alleged incident to determine the most appropriate defense strategy. Some legal defenses that may be used in assault cases include:

• Self-Defense: Our lawyer may argue that you used reasonable force to protect yourself from harm.
• Defense of Others: Our attorney may argue that force was used to protect another person from imminent danger.
• Lack of Intent: Our lawyer may take steps to demonstrate that your conduct was accidental and did not involve a willful act that was meant to inflict harm or threaten someone with a serious injury.
• Mutual Combat: If you willingly engaged in a physical altercation with someone else, this may serve as a defense against assault charges.
• False Accusation: Our attorney may be able to show that the alleged victim made a false report due to personal motives, a misinterpretation of events, or a mistaken identity.

Evidence in assault cases may include witness statements, footage from a business's security cameras, medical records, and physical evidence from the scene. Our lawyer will review all available information, consult with experts if necessary, and challenge inconsistencies in the prosecution's version of events as he works to defend you against a conviction for assault.

Minimizing Penalties and Avoiding a Criminal Conviction

In cases involving accusations of assault, there may be a number of opportunities available to help you minimize the potential penalties that you may face and avoid harsh consequences. Our attorney can negotiate with prosecutors, advocate for the dismissal of charges where appropriate, and explore alternative resolutions such as:

• Probation Before Judgment (PBJ): This option may allow you to avoid a conviction if you comply with court-ordered conditions. The completion of probation will result in the dismissal of charges.
• Deferred Prosecution: In some cases, charges may be dropped after successful completion of certain requirements, such as anger management classes, community service, or other programs.
• Plea Agreements: By negotiating with prosecutors, it may be possible to reduce a charge from first-degree to second-degree assault, or from assault to disorderly conduct. A reduction of charges may help you avoid long-term damage to your criminal record.

Contact Our Elkridge, Maryland Assault Defense Lawyer

An assault charge can put your future at risk, but you do not have to face the legal system alone. At The Law Offices of Gerstenfield & Demirji, PC., our lawyer can provide you with a strategic defense against first- or second-degree assault charges. Whether you are under investigation or have already been charged, early legal intervention can make a significant difference in the outcome of your case. Contact our Elkridge assault attorney at 301-589-9500 to set up a free consultation and take the first step toward protecting your rights and defending your future.