Assault in the second degree. What can I expect?

[Bretagne]

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

Whoops, said Michegan and meant Maryland. And I'm not even dyslexic. Minnesota's in the equation as the only state whose laws and procedure I'm intimately familiar with.

Legallyspirited: we're just saying that the maximum possible penalty is felony-like, due to the amount of the maximum fine ($2,500) and the maximum jail time (10 years). Typically, anything more than a year in jail = felony and any fine greater than $1000 = felony.

Don't worry; FlyingRon is right.

FYI: Here's the actual code on your charge:

§ 3-203. Assault in the second degree.
(a) Prohibited.- A person may not commit an assault.
(b) Penalty.- Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.
(c) Law enforcement officer.-
(1) In this subsection, "physical injury" means any impairment of physical condition, excluding minor injuries.
(2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is a law enforcement officer engaged in the performance of the officer's official duties.
(3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.
[An. Code 1957, art. 27, § 12A; 2002, ch. 26, § 2; 2005, ch. 283; 2006, ch. 305.]

 

[seniorjudge]

...Whoops, said Michegan and meant Maryland. And I'm not even dyslexic. Minnesota's in the equation as the only state whose laws and procedure I'm intimately familiar with. ...

Man, I'm glad I don't have your problems.

My wife says I am losing my memory but...who are you?

 

[Bretagne]

My wife says I am losing my memory but...who are you?

Don't you remember me? Remember that money you owe me that you said you'd pay me on Saturday? $2,000 right?

 

[seniorjudge]

Don't you remember me? Remember that money you owe me that you said you'd pay me on Saturday? $2,000 right?

I put it in the stump where we always fish down in Po Boyz Bayou.

 

[Dark Angel]

maryland doesn't mess around

I'm pretty sure the code you cited has been updated recently -- where it says "officer" it now includes probation or paole officers in the course of their job and the fine doubles. Maryland's law system is not set up like a lot of places; there are no felony or misdemeanor "degrees". Instead, you are convicted of a felony, or a misdemanor. Maryland is unusual because they can put you in jail up to 10 years for a misdemeanor and charge you up to $5,000. That charge can be either in addition to the prison time, or instead of.

The chances are very good you'll be offered a plea. Consider carefully what is being offered, and what is at stake. Public defenders are very overworked and equally underpaid. It's a bad combination, especially when you can be camped down here in Cumberland in a cell with Bubba for ten years. That's long enough to get to like it.

 

[Proserpina]

I'm pretty sure the code you cited has been updated recently -- where it says "officer" it now includes probation or paole officers in the course of their job and the fine doubles. Maryland's law system is not set up like a lot of places; there are no felony or misdemeanor "degrees". Instead, you are convicted of a felony, or a misdemanor. Maryland is unusual because they can put you in jail up to 10 years for a misdemeanor and charge you up to $5,000. That charge can be either in addition to the prison time, or instead of.

The chances are very good you'll be offered a plea. Consider carefully what is being offered, and what is at stake. Public defenders are very overworked and equally underpaid. It's a bad combination, especially when you can be camped down here in Cumberland in a cell with Bubba for ten years. That's long enough to get to like it.

.... this thread is years old....

 

[HighwayMan]

.... this thread is years old....

Eight, to be exact. Plus a few days.