First-degree Assault - First degree assault is a serious criminal offense committed when one person without legal justification causes or attempts to cause serious bodily injury to another person. Using a firearm is also considered assault in the first degree, along with conduct that would normally be considered second degree assault.
A serious bodily injury is one that creates a substantial risk of death to another person, causes serious permanent or long-term disfigurement to another person, or causes another person serious permanent or long-term damage or impairment of the function of any bodily organ or organ. .
First-degree Assault
Dr. Code Criminal Law 3-201. In determining whether a serious physical injury exists, Maryland courts focus primarily on the nature and extent of the injury, not how the alleged victim responded to medical treatment. In addition, the State must prove that the defendant had the specific intent to cause serious bodily injury to another person who commits first degree assault. This means that the State must prove that the defendant committed or attempted first degree assault with the intent of a specific result, namely serious bodily injury. Whether a defendant has the specific intent necessary to prove that he or she committed first-degree assault is evaluated based on all the circumstances surrounding the case, including any statements or actions of the defendant.
Second Degree Vs. First Degree Assault
Maryland generally does not recognize consent as a defense to first-degree assault. In other words, it is generally not a defense if a person consents or allows the defendant to cause him or her serious bodily injury. However, the defenses of duress, defense of others, and self-defense may apply to a charge of assault in the first degree.
Assault in the first degree is a felony in Maryland that carries a maximum sentence of 25 years in active prison. In addition to possible prison time, a conviction for first degree assault carries certain additional consequences; Such as barriers to certain types of employment, prohibitions on the right to own or possess a firearm, and possible immigration consequences.
If you have been charged with assault in the first degree, contact our office to meet with an experienced Baltimore County, MD criminal defense attorney during a free consultation to discuss your case and possible defenses. Our criminal defense attorney can work closely with you to present the facts of your case, present your case in the best possible way, and secure any applicable defenses. Even if your case does not go to trial, our criminal defense attorney can help you avoid a possible conviction on your record or, at the very least, help minimize the consequences of a first degree assault conviction.
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Man Pleads Guilty To First Degree Assault In Wicomico County Shooting
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What is first degree assault? Colorado defines assault as when you knowingly and intentionally attempt to cause great bodily harm to another person. It goes beyond trying to hurt someone; First degree assault assumes you are trying to cause severe pain or possibly kill someone. Your actions paint a picture of your disregard for the value of human life.
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First degree assault is considered a "crime of violence" in Colorado. As such, a conviction for first degree assault must result in a prison sentence. Assault in the first degree is a class 3 felony. Your prison sentence must be at least 10 to 32 years in the Colorado Department of Corrections.
In addition to jail time, you can also be slapped with a hefty fine as part of your first degree assault sentence. Fines for first-degree assault range from $3,000 to $750,000.
It is possible to defend yourself against a first degree attack. If the court finds that you acted in a manner not defined by Colorado's first degree assault statute, the charges against you will be reduced.
Colorado laws specifically call out crimes of passion. If you can prove that the assault was committed in the heat of anger, your charge will be reduced from a class 3 felony to a class 5 felony. While this is still a felony charge, it carries a lesser jail term and smaller fines than a Class 3.
What Is First Degree Assault? » Baltimore County Criminal Defense & Dui/dwi Defense
Make no mistake - a first degree assault charge can have a huge impact on your life. If convicted, you go to prison - there is no such thing as a suspended sentence for a violent crime. You can also face fines that can reach hundreds of thousands - and you may never pay it.
A first-degree assault conviction can remove you from your family and prevent you from getting a job, buying a house, or enjoying life the way you once did. Your family will be torn apart, your friends will abandon you, and you will forever be labeled a "criminal".
For all of these reasons, you may want to hire an experienced criminal defense attorney to help you.
At Geman Legal, we work with many defendants facing dangerous criminal charges in the Denver and Boulder areas. Our attorneys will listen carefully to your story and help you develop a defense strategy that will work best for your case. We are not afraid to aggressively pursue the court system and protect your freedom.
Wanted Berlin Man Arrested For First Degree Assault
Call (303) 357-3035 today to get started right away or send us an email to schedule a consultation. SNOW HILL, Md. – A Pennsylvania man was convicted late last week of domestic assault in the first degree. .
The charges stem from an incident outside a Baltimore Avenue motel on August 25, 2019. Nuckys Humphrey, 27, struck the female victim in the head with a closed fist in front of an Ocean City police officer and several witnesses. . The punch sent the girl unconscious as she fell and hit her head on the pavement. Officers immediately attempted to arrest Humphrey, who repeatedly attempted to return to the victim yelling obscenities in her direction.
After a brief altercation with the police, he was taken into custody. Other officers began to help the victim, who was later airlifted by helicopter for her injuries. Witnesses at the scene said they heard Humphrey yelling at the victim on the phone about smashing the windows of her vehicle before the incident. Police later located the victim's vehicle after noticing one shattered window and several shoe prints on another.
The victim suffered a broken jaw and fractured skull as a result of the attack and continues to receive medical treatment for her injuries.
Manchester Man Charged With Third Degree Sex Offense, First Degree Assault
Humphrey was sentenced to a total of 25 years in prison, with all but 20 years suspended. He will also be on five years of supervised probation upon his release.
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