Second-degree assault is a serious offense that carries severe penalties. While it may be tempting to plead guilty to this charge quickly, it’s essential to understand the crime’s elements and repercussions.
Without the proper knowledge, you could face more significant consequences than necessary or even end up with a conviction on your record that could haunt you for years to come.
If you have been charged with second degree assault Maryland, the prosecution will look at various factors to determine whether to pursue the charge. Some of these considerations include the severity of the injuries inflicted, the use of a weapon, and the presence of any aggravating factors.
Here are several factors that the prosecution will consider when deciding whether to pursue a second-degree assault charge:
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The Injury Victim Suffered
One of the key factors taken into consideration when determining whether to file a criminal charge of second-degree assault is the severity of any injury inflicted on the victim.
This includes physical injuries, psychological and emotional trauma, fear, or distress caused by the attack.
The Intent Of The Accused
The prosecution will also examine the accused’s intent when deciding how to proceed with a second-degree assault charge.
If the accused intended to cause harm to the victim through their attack, then it is more likely that the prosecution will pursue a criminal charge.
The Weapon Used
The type of weapon used in a second-degree assault is also considered when deciding whether or not to pursue criminal charges.
If the accused used a deadly weapon such as a gun, knife, or another object which could cause severe harm, they are more likely to face a charge than if they had only used their hands or feet to commit the assault.
Whether The Accused Acted In Self-Defense
The prosecution will also examine whether the accused acted in self-defense when deciding how to proceed with a second-degree assault charge.
If the defendant can prove that they were defending themselves or another person against an imminent threat of harm, then this could act as a defense to the charge.
The Relationship Between The Victim And Assailant
The prosecutor may also consider the relationship between the victim and the assailant when deciding how to proceed.
If the victim and assailant have a close relationship, or if the attack was an act of domestic violence, then it is more likely that a criminal charge will be pursued.
The Age And Maturity Of The Accused
The accused’s age and maturity level may also be considered when determining how to proceed.
If the accused is considered a minor or young adult, then it is more likely that the prosecution will seek out an alternative punishment rather than pressing criminal charges.
Previous Criminal History Of The Accused
The prosecution will also examine the accused’s previous criminal history when deciding how to proceed.
If the accused has a history of violent or assaultive behavior, they are more likely to face criminal charges than those without such a history.
Statement From The Victim
The victim’s statement is usually considered when deciding how to proceed with a second-degree assault charge.
If the victim can provide a detailed and convincing account of the attack, this could be used as evidence against the accused in court.
Evidence From Witnesses
Witnesses can play an important role when determining whether or not to pursue criminal charges for second-degree assault.
If any witnesses can provide an unbiased account of the incident, this evidence will be considered.
The Criminal Justice System In The Area
The criminal justice system in the area may also factor into the decision of whether to pursue a second-degree assault charge.
If the local jurisdiction has strict laws regarding assault and/or violence, the prosecution will likely pursue a criminal charge.
Whether The Attack Was In A Sensitive Location
The prosecution takes the location of the offense into consideration when making decisions because different areas give off different vibes.
For example, if an assault occurred in a hospital, then the punishments for said person would be more severe than if it had happened elsewhere.
All of these factors are weighed up carefully when considering whether or not to pursue second-degree assault charges against an offender. Each element is considered to determine the best course of action, and prosecutors will use this information to decide whether or not they should pursue a more serious sentence.
Ultimately, individuals must understand the severity of second-degree assault charges and take all necessary steps to avoid them in the future.
At Frizwoods, we understand the gravity of such offenses and strive to provide quality legal representation to protect your rights. If you have been charged with second-degree assault, contact us today for a free consultation.
We can help you understand your options and build the strongest possible defense strategy on your behalf.