Common Defenses to Second-Degree Assault Charges in Maryland
One argument can produce two completely different stories. That does not mean the State can prove an assault occurred. Common defenses to second-degree assault in Maryland include self-defense, defense of another person, lack of criminal intent, accidental contact, insufficient evidence, and challenges to the accuser's version of events. The right defense depends...
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Can You Be Charged With Shoplifting if You Forgot to Pay?
You grab your bags, walk out of the store, and realize you didn't pay for an item. Can that mistake really result in a criminal charge? You can be accused of shoplifting in Maryland for leaving a store without paying, but an accusation is not proof of theft.
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What Happens if You Missed a Court Date Because You Were Sick?
You wake up seriously ill on the morning of court. Staying home may be medically necessary, but your case does not automatically get postponed because you are sick. If you miss a required court appearance in Maryland, the judge may issue a bench warrant or take other action even when illness...
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When Can You Legally Claim Self-Defense in Maryland?
A fight does not automatically make both people criminals. In Maryland, self-defense may justify using force when you reasonably believe you are in immediate danger of bodily harm and use no more force than reasonably necessary under the circumstances. Deadly force is subject to stricter requirements. Whether self-defense applies often turns on...
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Does a Heated Argument Count as Domestic Violence in Maryland?
A raised voice does not automatically make an argument domestic violence. In Maryland, couples and family members can argue without committing a crime. But the situation changes when an argument involves physical contact, threats that place someone in fear of imminent harm, stalking, harassment, or other conduct prohibited by law. Police...
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What Is the Difference Between DUI Causing Bodily Injury and DUI Manslaughter?
The primary difference between DUI causing bodily injury and what is commonly called "DUI manslaughter" is the outcome of the crash. When impaired driving allegedly causes another person to suffer injuries, prosecutors may pursue charges based on those injuries. When the alleged impaired driving results in a death, the case may...
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How Long Does a DUI Stay on Your Record in Maryland?
A Maryland DUI can affect both your criminal record and your driving record, but those are not the same thing. How long the offense remains, whether it can be removed, and who can see it depend on how your case was resolved. A conviction, Probation Before Judgment (PBJ), dismissal, or acquittal...
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What Is the Difference Between Drug Possession and Drug Paraphernalia Charges?
Drug possession and drug paraphernalia charges are separate offenses under Maryland law. Drug possession focuses on the controlled dangerous substance itself, while paraphernalia charges involve items allegedly used to produce, package, store, test, or consume drugs. Although these charges often arise from the same police investigation, prosecutors must prove different elements for...
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Understanding Drug Schedule Classifications in Maryland
Maryland classifies controlled dangerous substances into five schedules based on factors such as their accepted medical use and potential for abuse. Although these schedules help determine how drugs are regulated, the schedule assigned to a substance does not automatically determine the criminal charge or penalty. In many Maryland drug cases, the...
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What Is the Difference Between Robbery and Armed Robbery?
Robbery and armed robbery are closely related offenses under Maryland law, but the presence or alleged use of a dangerous weapon can dramatically increase the seriousness of a case. While both charges are considered violent crimes, armed robbery exposes a defendant to significantly greater penalties and more aggressive prosecution. If you...
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I Was Arrested at a DUI Checkpoint: Was That Legal?
Being arrested at a DUI checkpoint does not automatically mean the stop or arrest was lawful. Maryland permits sobriety checkpoints under certain circumstances, but law enforcement must follow constitutional requirements when establishing and operating them. Even if a checkpoint itself was legal, officers must still have a lawful basis to extend the...
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Mandatory Minimum Sentences for Gun Charges in Maryland
Not every gun charge in Maryland carries a mandatory prison sentence, but some do. Whether a judge has discretion to impose probation or must order incarceration depends on the specific offense, your criminal history, and how the firearm was allegedly used. Because mandatory minimum sentencing depends on the specific offense and...
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