Asked in Criminal Law for Maryland

Q: What is the average sentence for 1st degree assault, with a handgun, and reckless endangerment? Thanks

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

A: The handgun is a mandatory 5 years, and first degree assault carries up to 25 years, but a plea deal may avoid those specific charges (e.g., plea to second degree assault, no handgun). Otherwise, it all depends on the facts and circumstances of the crime, including whether there was victim injury. Then the defendant's past criminal history, mental health and substance abuse issues, the county, the judge, the prosecutor, all sorts of factors that your post does not cover. There is no "average." Every criminal defendant is sentenced based on their unique circumstances and the facts of the crime itself. A 17 year old kid charged as an adult for a first time offense with an unloaded gun and no victim injury faces a much different sentence than a 38 year old man with multiple past felony convictions who fired his weapon with others present and beat the victim so bad they went to the hospital. The former may get off relatively light, while the latter may get the maximum with consecutive sentences. There's a wide range in between. Only the defendant's attorney who has all the facts can answer this question with any level of reliability.

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