Legal Question in Criminal Law in Maryland

2nd degree assault

My girlfriend filed false assautl charges againt me. The cops did not arrest me bacause they found no reason to believe that I assaulted her and because I had witnesses. The followign monday I recieve a charging document sayign that I have been charged with 2nd degree assault. I asked my ex girlfriend why she pressed charges and she told me the state did. I am on probabation for a previosu false accusation by her and she said that she can not drop the charges. She also said that she will not tell the States attorneyt what really happened for fear of getting in trouble herself. The states attorney has opend a show cause against me because with the second charge, I have voilate dmy probation. What can I do? I dont understand why charges were pressed when the cops found no reason to arrest me for assault. The cop told me that because I have the police report and the witnesses that when it goes to trial I will be alright. But I would liek to avoid the trial all together. There is no basis or proof that I committed assault and seems unfair that I have charges on me just because my ex girlfriend said I hurt her. I didn't give a statement to them or anything. Please help. Thank you.


Asked on 10/02/07, 12:32 pm

1 Answer from Attorneys
James Kruger Law Offices of James David Kruger, LLC.

Re: 2nd degree assault

This is probably a case that should go to trial. If you have witnesses to the event and/or she also assaulted you. If you plea to this charge or are convicted, you could be held to have violated your probably. Does not seem to be too much down side to a full trial.

Note *** - This response is meant for general information purposes only and not as legal advice and does not constitute an attorney client relationship with the sender. Since each person's situation is different, it would be impossible and unethical to give legal advice without a full conference as an attorney/client relationship would require, obtaining in-depth facts particular to that case.

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Answered on 10/02/07, 1:57 pm


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