Essex, MD asked in Criminal Law for Maryland

Q: hello, would you happen to know the chances of someone getting house arrest or

how much time they would get being charged with assault 1 and 2 if there was no adult offenses prior and no weapons involved

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2 Lawyer Answers
Eric Todd Kirk
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Answered
  • Criminal Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: First degree assault carries a maximum penalty of 25 years and second degree assault 10 years. There might be a variety of mitigating factors that a judge would consider at sentencing that are not present in your question. The person charged should immediately consult with an experienced criminal defense attorney. These are very serious charges.

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

A: First offense (no priors) is important, but there are not enough facts to help a lawyer predict a possible sentencing option like that. Straight home detention, where jail of any kind is implicated, is not a typical sentence, although due to the COVID-19 pandemic, that option is more available than under ordinary times. If the victim did not suffer serious injury, and other aggravating circumstances are absent, then a sentence of straight probation is possible on a second degree assault, and maybe even a "probation before judgment" which would avoid a conviction and allow you to expunge the record of this offense. First degree assault can often be negotiated down to 2d degree. But everything depends of the facts, and details like what county you're in, the prosecutor, the particular judge, how cooperative the victim is, etc. Do not post further details on this public forum. Have a private consultation with a lawyer, where all communications are privileged.

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