Legal Question in Criminal Law in Maryland

Second Degree Assault

Back in August 2005 my husband was denied visitation of his son. My husband has a common child /w his ex-wife, under the final divorce custody is joint. My husband went to talk to his ex-wife,while she was at their son's practice.She came to him(he was in his truck)she went to the passenger's side & he got out of the truck asked her to get in the truck so they could talk in private, he opened the door for her and NOT FORCIBLY held her arm to assist her into the truck.She pulled away & punched him on the left cheek & continued to hit him repeatedly saying ''no'',my husband defending himself grabbed her by the neck,she stopped hitting him & was now kicking him,he let go, she fell to the floor and he got back in his truck &left.She called the police,he was arrested, let out, and is going to court.My husband has sought out help by multiple lawyers,consulted with lawyers, but we can't afford any-even the ones recommended by the Pub.Def.-b/c he was turned down services by him as well, my husband made $200 over the ''bracket''. We know that 2nd assault is punishable by $2500 or 10 years but should he really expect to get jail time?


Asked on 3/26/06, 3:46 pm

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

Re: Second Degree Assault

If your husband were convicted, his sentence would depend on many different factors, like his prior record, the circumstances of the alleged assault, the judge hearing the case, the prosecutor's attitude, and many other factors.

If he has no record, and is a sympathetic person with a family, a job, etc., he likely would not be facing jail time, but would probably receive supervised probation and be required to report to a probation officer for at least 1 or 2 years. Also, an anger management class would likely be a condition of probation.

You should definitely not go to court without a lawyer, but I would be happy to handle this case for a reasonable fee.

Read more
Answered on 3/26/06, 4:08 pm
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: Second Degree Assault

If your husband were convicted, his sentence would depend on many different factors, like his prior record, the circumstances of the alleged assault, the judge hearing the case, the prosecutor's attitude, and many other factors.

If he has no record, and is a sympathetic person with a family, a job, etc., he likely would not be facing jail time, but would probably receive supervised probation and be required to report to a probation officer for at least 1 or 2 years. Also, an anger management class would likely be a condition of probation.

You should definitely not go to court without a lawyer, so I urge you to contact someone like myself to discuss your options.

Read more
Answered on 3/26/06, 4:09 pm


Related Questions & Answers

More Criminal Law questions and answers in Maryland