Hyattsville, MD asked in Criminal Law and Domestic Violence for Maryland

Q: My child's father is facing a first degree assault charge and for what if the charge state a weapon had to been used

1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: First Degree Assault carries a potential penalty of 25 years in jail. It is a very serious charge, and he needs a lawyer.

First Degree Assault can be charged in either of two factual circumstances: (1) intentionally cause or attempt to cause serious physical injury to another; or (2) commit any assault, including simple (2d Degree) assault, with a firearm. Either of these set of circumstances are sufficient to prove First Degree Assault. A firearm is not required, but it instantly ratchets up what otherwise would have been 2d degree assault to first degree assault.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.