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What will my charges be for 2nd degree assault and this being my first offense???
Anonymous1 views2 answers
Confrontation lead to me throwing a bottle at a gentlemen that as acting belegerant towards me. Causing damage to his teeth and lip. What will my sentence be? ive also been suspended from my job because of this.
I would recommend consulting with an experienced criminal defense attorney regarding possible defenses, as well as steps you should take now in preparation for your case. Second degree assault is a misdemeanor in Maryland unless the alleged victim is a law enforcement officer acting in the line of duty. The maximum punishment is 10 years in jail and/or a $2500 fine. For a first offense, it may be possible to get Probation Before Judgment (PBJ), which means that you would be placed on a period of probation with. Upon successful completion of probation, it may be possible to have the charge expunged from your record.
To address your specific question, no attorney can give you an accurate prediction of what will happen based upon the limited information presented. I have never personally had a client with no priors sentenced to unsuspended jail time for second degree assault, as far as I can recall, but there is nothing to stop a harsh judge having a bad day from throwing the book at you.
You need to talk to an attorney both to determine whether you ought to contest the charges--since you may have a self-defense claim--and to counsel you concerning the factors that a judge would likely consider in imposing sentence were you to plead guilty or be found guilty after trial. It may also be that this is the type of case that you want to try in front of a jury rather than in front of a district court judge, as you have the right to do under Maryland law.
If you cannot afford competent counsel, you need to make a visit to the Office of the Public Defender without further delay. Whenever someone has actually been injured as a reult of alleged criminal activity, the possibility always exists that, if found guilty, you may face a lengthy period of incarceration.