Legal Question in Criminal Law in Maryland

I am currently being charged with 2nd Deg Assault on a police officer for shoving a piece of paper down the back of his shirt. Currently, I am using this as a defense "1. The lack of actus reus accompanied by some level of mens rea to constitute the crime with which the defendant is charged."

It seems that the prosecution is eager to proceed with this case, and I still believe that it is just out of a desire to protect the cop's ego.

Any sort of suggestions for case examples that I can use in my defense, or anything of the sort?

Thank you in advance! (i am Pro Se in this case, I cannot find a lawyer in the area that isn't in cahoots with the court system)


Asked on 9/06/10, 12:19 pm

2 Answers from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Assault 2nd is a general intent crime, not specific intent. The simple act of touching him intentionally is all that matters. Even if you had no intent to injure. Distinguish this from bumping into someone on the subway by accident. How about you get a lawyer who's not from Carroll County but still has experience with the judges there?

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Answered on 9/11/10, 12:25 pm
Edward Hoffman Law Offices of Edward A. Hoffman

The actus reus was shoving the paper down the officer's shirt. The mens rea was your intention to shove the paper down his shirt. Your argument is that this happened unintentionally. (That's what your quoted language means, but you probably didn't understand that until now.) It doesn't pass the laugh test.

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Answered on 9/11/10, 12:45 pm


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