Q: Charge with first degree assault and second degree assault at the same time, give me a estimated jail time or a minimum?
A: First degree assault has a maximum punishment of 25 years. Second degree assault carries a maximum of 10 years. If the charges arise out of the same act - the second degree assault would merge into the first degree assault so the total maximum would be 25 years. There is no minimum sentence so the judge has the discretion to impose a sentence of anywhere from probation to 25 years depending upon the specific facts and nature of the case.
A: Depends on your record at the time and how serious the assault was and whether a weapon was involved. I was involved in legislation in Annapolis seeking to come up with a new degree of assault charge to lower the maximum penalty (up to 10 years) on an unconsented-to touching without a lawful reason. The first degree assault is a felony in which far more jail time could be added. I would need more information to better answer this question.
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