Silver Spring Criminal Defense Law Blog

People in Maryland will get into fights with friends, loved ones or even strangers from time to time. Most of the time, these fights only consist of verbal disagreements or insults. However, the stakes are raised if one party threatens the other with physical harm or causes physical harm.

Under Maryland Code §3-201, assault constitutes the crimes of both battery and assault, as defined in case law. Maryland Code §3-203 prohibits an individual from committing assault. If they do, they will be charged with second-degree assault, which is a misdemeanor crime. If convicted, they could face up to 10 years in prison and/or a $2,500 fine.

No one gets in their car and hits the road with the intention of causing a deadly accident. Unfortunately, fatal accidents happen all too often in Maryland and across the nation. Many times, these tragic incidents are truly accidental, and no one can be blamed for them. However, other times a driver is accused of driving in a grossly negligent manner. This may be considered vehicular manslaughter, which is a very serious charge.

Under Maryland Criminal Code §2-209(b), motorists are prohibited from operating their vehicles in a grossly negligent manner that ends up causing another person to die. This is a felony crime, which can result in thousands of dollars in fines and years of incarceration if a person is convicted. If it is a motorist's first conviction on vehicular manslaughter charges, that motorist may face up to 10 years in prison and up to $5,000 in fines or both. If it is a motorist's second or subsequent conviction on vehicular manslaughter charges or certain other charges, that motorist could face up to 15 years in prison and up to $10,000 in fines or both.

Of the many types of violent crimes that exist, most would say that first-degree murder is the most serious. This is especially true since murder can be committed while a person is committing or trying to commit a second violent crime. Maryland has incorporated the felony murder rule that applies in such situations into its first-degree murder statute.

Under Maryland law, murder in the first degree takes place when it is a deliberate, premeditated and willful killing that was committed by lying in wait. First-degree murder can also be charged if the death occurs in the commission of other crimes, including: first-degree arson; first, second or third-degree burglary; carjacking; escape from prison; certain types of kidnapping; mayhem; rape; certain types of robbery; and first or second-degree sexual offense, along with several other felony offenses.

Maryland recognizes two different types of drunk driving charges. One is driving under the influence of alcohol. This is a serious offense that could lead to the suspension or revocation of a person's driver's license and as many as three years in jail for a second or subsequent offense. The other is driving while impaired. While this charge is not as serious as driving under the influence of alcohol, it could still lead to the suspension of a person's driver's license, a significant fine and possibly jail time, among other penalties. When accused of driving while impaired or driving under the influence of alcohol it is important to take every step necessary to present a solid defense case.

One of these steps may include seeking legal representation. An attorney can advocate for the client and protect the client's rights throughout the criminal trial process. Attorneys understand the law and can apply it to the facts of their client's case, presenting their client's case in the best light possible.