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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Maryland
- (410) 591-2835
- View Profile
- Answered
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.
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.
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.
