Category: Law

Law

What the Law Means for Us as People

While we all know what law is and the reasons it is necessary for civilized society, most of us don’t think much about what it actually means every day. What is law to the common person? How do laws impact our lives every day? Is it really difficult to relate with the law?

The Willingness of the PeopleLet’s take a look to see how basic laws operate within the social order. We also examine the nature of the law in general. Many people believe that the law exists to protect them and that they don’t need to interact daily with it. They take it for granted that, if they have their actions questioned, the law will still function and the will to the people will be carried out. It is not an accurate understanding of the purpose or function of laws. But it is undisputed that this is how the law works in daily life.

The constitution of the United States at the highest level is an example of this. It establishes guidelines within which the government can take steps to defend our citizens. It has a significant impact on how the government and nation operate, which in turn has an impact on every aspect of our lives. It can have an effect on our lives, the jobs we get and how they are run.

Essential to Our Democratic Lifestyle
The law doesn’t just protect us from whatever harm we may inflict upon it. It is an essential element of our democracy. It regulates how we act, and lets us behave in accordance to our individual wishes. While there are some who think our laws are too restrictive in certain aspects, the vast majority of them work quite well. Our laws are designed to regulate our conduct. However, if one of them doesn’t work we can and will modify it.

Law

What is Assault?

Assault can be defined as any act of intentional violence that causes the victim fear she will be physically hurt. It doesn’t require physical contact. A person who verbally threatens another person without touching her can still be charged with assault.

What is Second Degree Assault, exactly?

While the elements of assault may vary from one state to another, they can all be of first, second, or third degree.

First Degree Assault is the intentional infliction of severe bodily harm or serious bodily injuries to another person using a deadly weapon.

Second Degree Assault is when someone intentionally causes serious bodily injury or inflicts injury with a deadly weapon or recklessly inflicts serious physical injury on another person.

Third Degree Assault: When a defendant recklessly inflicts serious bodily injury on another person or causes death with a deadly weapon.

It is important to remember that the distinction between assault degrees is dependent on the intent and the state of mind of each defendant. The severity of the punishment will increase if the offense is more deliberate.

Is Second Degree Assault considered a misdemeanor?

It depends on the facts and the place where the assault took place. Each state has its own laws. In Colorado, for example, second-degree assault can result in a 12-year sentence in prison and $500,000 fines.

Maryland’s second degree assault, however, is a misdemeanor that can carry a maximum of 10 years imprisonment. Some states have sentences as short as two years, while others can go up to 20 years. Repeat offenders might receive longer sentences and higher fines.

Is there a defense to second degree assault?

Yes. Yes. As with all criminal charges, the accused of second-degree assault can claim legal defense. Here are some common defenses.

Self-Defense: Any person who uses reasonable force against another person can assert self-defense.

Insanity: This theory states that the defendant is “insane” so he doesn’t have the intent to commit the crime.

Intoxication: A person under the influence of alcohol may not have the intent to commit the crime. They were too drunk or high to understand what they were doing, and they didn’t intend to do it.

Entrapment: This is when law enforcement incentivizes someone to do a crime he wouldn’t have done without being induced.

If a person is in custody for more than 48 hours without food or water, he can claim entrapment. The defense cannot be successful if the judge/jury believes that the defendant is predisposed for this behavior.

Do I need an attorney?

Assault charges may vary in complexity depending on the state and local laws. If you are facing any type of criminal charge, it may be necessary to find a local criminal lawyer. A lawyer can help you with your criminal defense strategy and legal research. Your attorney can also accompany you to court hearings and represent you throughout the process. Second Degree Assault Maryland