Second Degree Assault Charges in Rockville
Assault in the second degree is less serious than assault in the first degree, however it is still essential to find a knowledgeable Rockville assault lawyer to help ensure a fair trial. Second degree assault charges can be complex due to the ambiguous nature of the charges; someone who has been charged with second degree assault wants to know that they have proper representation in the courtroom.
Defining Second Degree Assault
Second degree assault is un-consented touching of another individual. It only requires general intent, which means that a person who is committing second degree assault against another person need not necessarily have intent to injure the other party. The individual simply must have had an intent that the action would impact the other person in one of several ways without their consent or permission. An assault in the second degree does not require physical touching, it could also be the threat of physical violence to be called second degree assault.
Because second degree assault can be a gray area in the courtroom, it is imperative to have a dedicated and experienced Rockville assault attorney who knows the system and understands the legal proceedings when it comes to second degree assault charges and who will be able to help you design an assault defense strategy for the best possible outcome in your case.
Location of Second Degree Assault Trials in Rockville
The District Court of Maryland, which is located at 191 East Jefferson Street, Rockville, has original jurisdiction over second degree assault charges. This is a court system that is primarily responsible for handling misdemeanor cases. Assault in the second degree is one of the more serious misdemeanor cases, because it is one of the only misdemeanors that is also classified as a crime of violence. This case will not originally be heard as a case in front of a jury, but rather a judge will make a decision about whether the individual is guilty of the criminal charge brought against them.
This will be a bench trial where a judge will hear all of the evidence to decide whether the prosecution has proven guilt beyond a reasonable doubt. An individual does not have to have a trial in front of a judge; he can request a trial by jury on a second degree assault and have the jurisdiction moved to the Circuit Court. However, generally speaking these types of cases are resolved with a bench trial and a judge makes the determination about what the outcome of the case will be.
Penalties for Second Degree Assault
Second degree assault carries a maximum penalty of 10 years in jail and $2500 in fines. Probation of up to three years can be ordered by the court. Whether probation is likely or not depends on the individual judge, the facts of the case and whether the judge thinks it is appropriate to place a person on unsupervised probation for any period of time. Many times the judge’s purpose in putting somebody on probation is to put them in the community to make sure that the individual does not commit the act again. If that person does, they should expect to have consequences on the case for which they are on probation.
When a judge orders them to be placed on probation, that individual might have certain conditions they need to fulfill, including community service, completion of some kind of a treatment program, or perhaps attendance at anger management classes. An experienced Rockville assault lawyer can help provide information on classes or treatment programs someone might be interested in. One will routinely have to check in with the court to let the probation agent know what their progress is like, and whether they have fulfilled the conditions that the judge has ordered. The court as well as the probation agent will determine whether the individual continues to pose a risk to the community.