Assault In The First Degree Essay

1805 words - 7 pages

Assault in the first degree
Assault is a physical attack on someone without the person’s consent. In most cases, assault is a result of a fight or other dispute that rise to some level of violence. In a mutual fight, the first person to report to the police is usually not charged, and in most cases, the person who did not start the fight is usually charged in Maryland. Assault is a serious case in Maryland and it has a serious penalties, with that, one needs a experienced lawyer who can challenge the evidence and argue that the case does not warrant the penalties so that the charge amount can be reduce or the case might be dismissed. A person is guilty of assault if he or she causes a serious physical damage on the victim. Serious physical injury means physical injury that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or lime and that creates a reasonable risk of death. The purpose of this paper is to research on the background of assault in Maryland, give details and examples of assault crimes and how assault is handled at each stage of Criminal Justice.
In Maryland Assault is defined as “an attempt to touch someone else without their consent” (Maryland Assault Defenses). In order words, touching in the sense that they threaten, punch, or hit someone with a weapon. First degree assault is defined as causing, or attempting to cause a serious physical injury to another person. A person who committed a first degree assault has committed a felony and can be sentenced to 25 years imprisonment (Maryland Criminal Code, section 3-202). Anyone who attempt to committee assault and fails is still face with the same penalties because it is still considered a felon and might be sent to 25 years imprisonment. First degree assault includes an intent element. In other words, the attorney must prove that his or her client is guilty and his or her action is knowingly. First degree assault is considered as violence on which 10 years imprisonment is mandatory in the second offence, 25 years imprisonment in the second offence and life imprisonment in the fourth offense on which there will be no possibility of parole. First degree assault has risen over the years in Maryland State, but the common assault in Maryland is sexual assault. Sexual assault is a crime that is committed knowingly by engaging in an unwanted sexual act by threat or force.
For example: A recent incident that happened on the 13th of March 2014. “Teenage girls used knife to force autistic boy to perform sex acts” (CNN) Two young Maryland teenagers forced an autistic boy to perform a sex act including with animals and record it on their phone. The two girls aged 15 and 17 has assaulted the 16 years old boy on several occasions. And the authorities said the two girls have been arrested for sexual assault. Also, they did not only force him...

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