Prosecution of Rockville Second Degree Assault Charges
Central to the prosecution of a second degree assault charge in Rockville, Maryland is the amassing of evidence to prove guilt, however it is often the case that evidence is manipulated while attempting to do so. A dedicated Rockville assault lawyer, who has experience in the local courts, and knows the players involved will be able to help you build the best defense strategy for your case.
Although second degree assault charges in Rockville are not punished as harshly as assault in the first degree, it still can carry penalties of up to 10 years in prison and/or a fine of up to $2,500. To minimize sentences in cases of second degree assault, it is highly recommended to seek professional guidance to understand what penalties you are facing and how best to handle them. There are many different defenses ranging from self-defense to mutual array or proving fabrication of a story to discredit claims of assault.
Elements to Prove in a Rockville Second Degree Assault Case
A Rockville prosecutor needs to prove that there was an act of violence or threat of violence, a threat to another individual that was some kind of un-consented touching. What is violent to you and me might not necessarily be considered violent for the purposes of an assault in the second degree. An assault in the second degree only needs to be an un-consented touch in order to actually be a violation of assault in the second degree or threat of an un-consented touching.
Evidence Protocol and Proving Intent
The evidence prosecutors use to prove their case usually consists of witness statements, statements of the victim, the nature of the assault, photographs of injuries, medical records that support treatment that was sought as a result of the injuries, 911 calls to the police, the tone of somebody’s voice on the 911 call, and what their statements were to investigating law officers when they originally arrived on scene.
Any physical evidence that might exist such as blood stains, bullets, casings, weapons found on the scene such as knives and blood, or other evidence that might be found on the scene are obvious things that the prosecution uses to try to prove the case in criminal court.
A prosecutor proving intent in criminal court for an assault is going to base his argument on the surrounding circumstances of the case, how the individual decided to commit the act, whether it is very obvious that the act was intentional or not, and what the motive might have been to commit the act. These are the kinds of things the prosecution will use to try to prove the criminal charges against that individual. Prosecutors will be very vigorous, and having the presence of an assault attorney in Rockville is a valuable benefit.
Refuting Evidence in Defense Strategies
Rockville assault lawyers can refute the evidence based on many different defenses including mutual array or self-defense, presenting alibi witnesses to say an individual was not there, or giving information to the court about the credibility of the assault claim and why the person may have a motive or bias to fabricate the allegations in the case.