Likely sentence from past experience of 1st degree assault case's

[rdrector]

What is the name of your state (only U.S. law)? Maryland. Preferably MD attorney's. Man in 40's with never having any arrests or issues with the law in his life. Has been charged with 1st degree assault and 2, 2nd degree assault charges without any injuries being reported. Long story short he walked in on an affair and allegations were made that there was a threat with a weapon, but no injuries. There was a protective order placed but that was removed as the wife did not want it pursued. He is scared to death to be convicted of the 1st degree charge and going to jail. Is there hope here that the 1st degree charge may be lowered or dropped altogether do to the circumstances? Does anyone have their own experiences with 1st degree assault charges without injuries in MD? Or any words of encouragement.

 

[quincy]

What is the name of your state (only U.S. law)? Maryland. Preferably MD attorney's. Man in 40's with never having any arrests or issues with the law in his life. Has been charged with 1st degree assault and 2, 2nd degree assault charges without any injuries being reported. Long story short he walked in on an affair and allegations were made that there was a threat with a weapon, but no injuries. There was a protective order placed but that was removed as the wife did not want it pursued. He is scared to death to be convicted of the 1st degree charge and going to jail. Is there hope here that the 1st degree charge may be lowered or dropped altogether do to the circumstances? Does anyone have their own experiences with 1st degree assault charges without injuries in MD? Or any words of encouragement.

Someone from Maryland may chime in, but I wouldn't count on it being a Maryland attorney. There are only a few attorneys who post on this forum. You can read the "Notice" at the bottom of the page.

What the man charged with assault needs is a good criminal defense attorney who can review the facts and work as the facts dictate to get the charges reduced or dismissed.

I am surprised that the protective order was removed on the request of the wife.

Here is a link to rdrector's other thread, on filing for bankruptcy: https://forum.freeadvice.com/consumer-bankruptcy-2/claiming-individual-bankruptcy-while-married-mortgage-609060.html

 

[FlyingRon]

Injuries are *NOT* required for any degree of assault in Maryland. In Maryland, assault is any attempt (or actual) injury to a person. In some states, even the threat of such injury is assault though I do not believe this is sufficient in Maryland. The fact that he had a firearm is enough to justify a first degree charge. Even a second degree is pretty serious felony. Absent knowing the details we can't tell if he's likely to be convicted or go to jail.

He NEEDS a lawyer, very badly.

 

[rdrector]

Thank you.

 

[quincy]

What is the name of your state (only U.S. law)? Maryland. Preferably MD attorney's. Man in 40's with never having any arrests or issues with the law in his life. Has been charged with 1st degree assault and 2, 2nd degree assault charges without any injuries being reported. Long story short he walked in on an affair and allegations were made that there was a threat with a weapon, but no injuries. There was a protective order placed but that was removed as the wife did not want it pursued. He is scared to death to be convicted of the 1st degree charge and going to jail. Is there hope here that the 1st degree charge may be lowered or dropped altogether do to the circumstances? Does anyone have their own experiences with 1st degree assault charges without injuries in MD? Or any words of encouragement.

Here are links to Maryland's first degree assault and second degree assault charges, both of which are felonies.

1st degree assault: http://law.justia.com/codes/maryland/2010/criminal-law/title-3/subtitle-2/3-202

2nd degree assault: http://law.justia.com/codes/maryland/2010/criminal-law/title-3/subtitle-2/3-203

There is always hope that charges can be reduced or dismissed, but this will depend on the facts that are present. If there were no injuries reported, this works in the man's favor. The fact that the man had a weapon works against him. What the man needs is a really good criminal defense attorney for the best outcome. The charges are serious.

 

[rdrector]

Update

Thank you.

Thankfully all charges have been dropped by the States Attorney's Office at the day of pre-trial hearing. In and out in less then 30 seconds. States Attorney decided not to move forward prior to trial after considering all circumstances. Thank you all for your information it was worthwhile.

 

[quincy]

Thankfully all charges have been dropped by the States Attorney's Office at the day of pre-trial hearing. In and out in less then 30 seconds. States Attorney decided not to move forward prior to trial after considering all circumstances. Thank you all for your information it was worthwhile.

I am sure the man is relieved that all charges were dropped. Thank you for the update.

The man may wish to look into having the records of the arrest and charges expunged from his record to better ensure these do not show up on any background check.

FlyingRon and I thank you for the thanks.