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Assault in the second degree. What can I expect?

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LegallySpirited

Junior Member
What is the name of your state? Maryland (MD)

I was recently charged with assault in the second degree, but an slightly confused about the charge. First, I do not understand if this charge is against the STATE, or if it against the person I was involved in the dispute with.

This person is an old friend and aquaintance to me. I don't believe he actually pressed charges against me in this incident.

The charge code: CR-3-203.

Focus: What can I expect? I do not believe either this person or the witness involved will attest to this dispute in court; meaning neither will show up. Second, if it is against the person and not the STATE, is he easily capable of dropping the charges before trial? Or do I have to stand trial regardless.

Third, if he wasn't to show up, but the witness (who has an extreme bias against me) does, what will that mean for the prosecution's case?

Fourth, if I believe that neither will show up, is it worth me seeking legal counsel for something that is likely to be dismissed. OR IF THIS IS THE CASE, WILL IT BE DISMISSED IF IT IS AGAINST THE STATE?

Thanks in advance.
 


garrula lingua

Senior Member
It is the state of Maryland against you.

It is not the victim's choice whether to go forward - it is the State Prosecutor who makes the decision.

You can be convicted even if the victim doesn't testify.

If you contact the victim, or witness, you can be charged with witness tampering and may raise a misdemeanor to a felony. Only your lawyer/the lawyer's investigator, should contact either of them. That is a very easy charge for the Prosecutor to prove.

You would be better off with an attorney to protect your rights and mitigate sentencing.
 

LegallySpirited

Junior Member
Thanks for your response. I found it helpful.

Only one question really remains in my choice for legal counsel. In retrospect to the costs, I'm unsure whether to stand trial with a public defender or a paid lawyer.

Likely, my defense with a paid lawyer will be of higher regard. But will I end up paying more in the long run if I choose this route. Especially since I believe the "victim" will not stand against me in this charge.

Any opinions?
 

seniorjudge

Senior Member
Likely, my defense with a paid lawyer will be of higher regard. But will I end up paying more in the long run if I choose this route. Especially since I believe the "victim" will not stand against me in this charge.




What do you mean by "higher regard"? What does that mean?

What do you mean that the victim will not "stand" against you?
 

LegallySpirited

Junior Member
Maybe I'm assuming this, but my belief is that a paid lawyer with a reputation and who knows the courts and the judges, will be of better representation to my case. Thus, he is of higher regard. Maybe bad terminology.

When I said I don't believe the "victim" will stand against me, I am saying he will not appear to testify in this case. So it will be almost certainly be only the State Prosecutor and I guess the arresting police officer who will be there.

So when I put the two of these statements together, I'm in a conflict of interest. I'm going to pay the court heavily, OR I am going to pay my lawyer heavily. I'm not in a position to waste a penny more than I can afford, so I am at a crossroad.

That is the question. Unless you were implying something different?

Thanks for your response.
 

seniorjudge

Senior Member
Maybe I'm assuming this, but my belief is that a paid lawyer with a reputation and who knows the courts and the judges, will be of better representation to my case. Thus, he is of higher regard. Maybe bad terminology.

Judges don't care who pays the lawyer; just whether the lawyer knows what he is doing.



When I said I don't believe the "victim" will stand against me, I am saying he will not appear to testify in this case. So it will be almost certainly be only the State Prosecutor and I guess the arresting police officer who will be there.

If the victim ignores a subpoena, the judge may put him in jail until it is time for him to testify.



So when I put the two of these statements together, I'm in a conflict of interest. I'm going to pay the court heavily, OR I am going to pay my lawyer heavily. I'm not in a position to waste a penny more than I can afford, so I am at a crossroad.

That is the question. Unless you were implying something different?


I was not implying anything...I didn't know what you were talking about.
 

Bretagne

Member
Go with private counsel if you can afford it. If you can afford it, you won't qualify for a public defender anyway.

Public defenders are great attorneys, but they carry staggering caseloads due to insufficient budgets, so you'll get more attention from a private attorney.

Plus, you really don't want to screw around with this case. Although a misdemeanor, there can be serious ramifications to an assault conviction. See: http://www.msccsp.org/guidelines/offensetable.pdf

What's your criminal record like? You are charged with a level V misdemeanor, which appears to carry a maximum sentence of 10 years and/or $2,500 fine.
 

LegallySpirited

Junior Member
Thanks for your response Bretagne,

I'm slightly concerned about your response regarding my qualifications for a public defender. I have a job, but do not have the resources at this time to afford anything more. And I may not have any other resources or options.

As for my criminal record, I was convicted of a DUI over 3 years ago, and received probation before judgement for the course of 1 year.

That is the full extent of my criminal record.

My trial has been set for early July.

Thoughts?
 

seniorjudge

Senior Member
...
You are charged with a level V misdemeanor, which appears to carry a maximum sentence of 10 years and/or $2,500 fine.
....


Educate me.

How can it be called a "misdemeanor" if the fine is over $1K and the jail time is over a year?

Sounds like a felony to me, but I'd like the rationale behind this one.

Thanks.
 

Bretagne

Member
Educate me.

How can it be called a "misdemeanor" if the fine is over $1K and the jail time is over a year?

Sounds like a felony to me, but I'd like the rationale behind this one.

Thanks.
I don't know, but judging from Maryland's sentencing guidelines, it looks like they aggravate misdemeanors based on criminal history. Just a guess, I thought it was strange too.

I went on Findlaw.com and looked up Michegan Compiled Laws and did a basic search. I found this info for 2nd degree assault:

Offense Literal:
24 Assault and Other Bodily
Woundings
Assault, 2nd degree
CJIS code
1-1415
Source
CR, §3-203
Felony or Misd.
Misd.
Max Term
10Y
Offense Type
Person
Serious Categ.
V
Fine
$2,500

So, I'm assuming that the felony-level ramifications apply when there is a criminal history score or a history of other assults as aggravating factors. I'm not going to look any farther into another state's sentencing guidelines, because come on, my state's guidelines are hard enough to understand! :p In Minnesota, 2nd degree assault is a serious felony that carries a presumptive committment to prison even with a 0 crim history score. In Maryland, evidently a misdemeanor?
 

seniorjudge

Senior Member
I don't know, but judging from Maryland's sentencing guidelines, it looks like they aggravate misdemeanors based on criminal history. Just a guess, I thought it was strange too.

I went on Findlaw.com and looked up Michegan Compiled Laws and did a basic search. I found this info for 2nd degree assault:

Offense Literal:
24 Assault and Other Bodily
Woundings
Assault, 2nd degree
CJIS code
1-1415
Source
CR, §3-203
Felony or Misd.
Misd.
Max Term
10Y
Offense Type
Person
Serious Categ.
V
Fine
$2,500

So, I'm assuming that the felony-level ramifications apply when there is a criminal history score or a history of other assults as aggravating factors. I'm not going to look any farther into another state's sentencing guidelines, because come on, my state's guidelines are hard enough to understand! :p In Minnesota, 2nd degree assault is a serious felony that carries a presumptive committment to prison even with a 0 crim history score. In Maryland, evidently a misdemeanor?
Thanks for your time.
 

LegallySpirited

Junior Member
Bretagne,

Even more confusion has graced me, as if that is the reason why I was charged with such a serious crime, it would make no sense because I have no serious criminal history.

I have had 1 D.U.I. charge and was sentenced to probation before judgement for the course of 1 year.

Why am I facing felony like charges??

Bretagne, would you mind a PM? I'm beginning to speculate a different perspective, and would like your opinion. I'm not very comfortable spilling the details over this thread.

Thanks.
 

FlyingRon

Senior Member
I'm not sure how Michigan and Minnesota got into the equation.

If I make the following assumptions:

1. No priors (you sucessfully did your PBJ probation and that was dismissed)
2. No injury to the victim
3. No weapon was used.
4. The victim was not a child, a senior, or mentally or physically challenged.

then you will almost certainly get probation. You'd need a lot of priors or other aggrevating conditions to get over a year.
 

LegallySpirited

Junior Member
Thanks for your response FlyingRon,

All of the above is true.

If you were in my position (broke), would you still consider seeking private counsel in this scenario? Or do you believe being represented by a public defender is sufficient?
 

FlyingRon

Senior Member
If you feel you are not guilty of this crime, get a private lawyer if you have to beg or borrow (I'll leave out steal, you are in enough trouble) the money. If you are guilty and willing to accept that, the pd probably won't screw up too badly.
 

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