What is the Difference Between First Degree Assault And Second Degree Assault?
I Attorney Eric T. Kirk discussed in another guide the notion that a second degree assault is maybe the most frequently charged, and overcharged, crime in Baltimore.
Criminal defense attorneys in Baltimore know this is true, in part, because it is in essence a catchall, and very easy to prove. What I’ve seen over the years is that assault is often added in to a group of other charges, or, if it’s not clear, what, if anything, happened between two people, an assault is the default charge. First degree assault is a different matter. With second degree assault, the state must prove the defendant intended to touch someone.
To sustain a conviction for first degree assault, the State must prove the defendant intended to hurt some one, seriously, or brandish a firearm.
It’s not necessary that the intended harm actually occur, although there are certainly any number of cases where the contemplated serious bodily injury does indeed, occur.
I offer a no-cost conference to anyone accused of a crime. During this strategy session we will evaluate the evidence, assess the strength of the State’s case, and develop the most effective defenses and explore mitigation. If you stand accused, contact me today. 410 591 2935.
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