Can You Be Charged With Assault If You Were Defending Yourself?

In Upper Marlboro, MD, it’s unfortunately true that it’s possible to be charged with assault even if you were acting to defend yourself. Whether or not those charges will stick is going to depend on the precise nature of the incident, what the witnesses say, if there are any, and especially on the quality of your defense. If you are being charged with assault under any circumstances, contact a criminal defense attorney as quickly as possible to protect yourself.

Can You Be Charged With Assault If You Were Defending Yourself in Upper Marlboro, MD?

Yes, you can certainly be charged with assault if you injure another person while defending yourself. This is an unfortunate reality, and you need a lawyer to bring a strong self-defense argument in these situations, particularly if the other person ends up hurt more badly than you are.

A lot depends on the precise nature of the incident and what exactly the other person was doing and how you responded. There are two classifications for assault here in Maryland. Second-degree assault is a misdemeanor but can still land you in prison for up to 10 years. First-degree assault is a felony and comes with a much longer prison sentence and much higher fines. A first-degree felony assault charge is usually brought when a deadly weapon is involved and in other specific circumstances.

What to Do If You’re Charged

Cooperate and Keep Calm

If you’re being charged with a crime of any sort, be sure to cooperate with the police and stay calm. You can make the situation much worse by fighting, so even if you’re completely innocent and it’s all a giant misunderstanding, let your lawyer work that out for you. Don’t fight the police, and don’t get angry. This will just end with you getting more charges thrown at you. If that happens, you may still face fines and prison time, even if you’re found not guilty of assault or the assault charges are dropped.

Say Nothing and Call a Criminal Defense Attorney

You should cooperate with the police in the sense that you should not fight back physically, and you should answer basic questions like giving your name and address. But you should not say anything else to the cops, no matter what they say to you. Simply tell them that you wish to exercise your right to be silent and that you want to talk to your lawyer.

If they ask you more questions, keep repeating this. They are likely to try various tactics to get you to say something they can use against you. They will suggest that if you were really innocent, you could just explain yourself in the whole thing would be cleared up quickly. Don’t fall for this: if they have arrested you, it’s because they believe you are guilty, and it’s unlikely anything you say is going to clear things up. Just wait for your lawyer.

If you’ve been charged with assault, don’t panic. Stay calm and call us at the Farmer and Klopfer Law Firm in Upper Marlboro and Waldorf, MD.

Posted in Uncategorized | No Comments »