Maryland Law Blog

Like other states, Maryland makes various kinds of assault illegal, and being convicted of assault can carry serious penalties. Maryland law divides assault into two main categories, but many other activities fall under miscellaneous categories of “assault” as well.

Assault in the first degree in Maryland involves “intentionally caus[ing] or attempt[ing] to cause serious physical injury to another.” This includes committing assault with a firearm. A “serious physical injury” is one that causes “a substantial risk of death” or causes permanent or long-term serious disfigurement, loss of function of a body part or organ, or body part/organ impairment. The penalty for conviction of this type of assault includes up to 25 years in prison.

Assault in the second degree involves assaults that are not serious enough to be included in the first degree, including any assault that causes mild or moderate injuries. Assaulting a police officer or parole or probation officer is included in this section, which carries a penalty of up to 10 years in prison if a person is convicted.

Reckless endangerment, attempted poisoning, and other types of assault are also prohibited by Maryland law. These each carry their own penalties, some of which may be serious.

Facing an assault charge can be confusing and overwhelming, but you don’t have to do it alone. At Alpert Schreyer, our dedicated California, Maryland assault defense lawyers can help you protect your legal rights and fight for the best possible result in your case. Call us today at (800) 489-1577 for a free, confidential case evaluation.

U.S. Chief Justice John G. Roberts Jr. has temporarily lifted the ban on the collection of DNA samples from anyone arrested for a violent crime or burglary in Maryland, according to a recent article in the Baltimore Sun. Several law enforcement agencies have resumed their collection of genetic samples while they await further word from the high Court while others are still determining what steps to take.

In April 2012, the Maryland Court of Appeals ordered law enforcement agencies to stop collecting DNA samples from those who had been arrested for violent crimes or burglaries. The court ruled that, unlike collecting fingerprints, DNA samples provided too much personal information to law enforcement and that therefore collecting them was a violation of the Fourth Amendment rights of a person who had not been convicted of the crime. The U.S. Supreme Court, however, ordered that the collections could continue while it considered the constitutional issues involved.

The Maryland Department of Public Safety and Corrections has said that it will go back to collecting DNA samples. Supporters say that the samples are a source of valuable information that would be lost if they did not collect samples. Other law enforcement agencies, including the Sheriff’s Department in Hartford County, have decided to wait for the Supreme Court’s final ruling before taking any more samples, concerned about the privacy implications of doing so.

If you’ve been arrested on suspicion of a Maryland felony, you have certain legal rights. At Alpert Schreyer, our knowledgeable Maryland felony defense attorneys are dedicated to helping you protect those rights and seek the best possible outcome in court. For a free, confidential consultation, call us today at (866) 444-6363.

Maryland State Police troopers recently announced that they seized what they suspect to be $100,000 worth of heroin from a vehicle stopped on Interstate 95 near Perryville, according to DelmarvaNow.com. The vehicle was searched during a routine traffic stop, when officers called in a dog to sniff the vehicle for any possible controlled substances.

Police said that the objects they seized included bundles of what appeared to be uncut heroin, empty containers of the kind often used to transport heroin, and items that could be used to “cut” or dilute heroin to the concentrations normally sold on the street. They also discovered $78,000 in cash. The vehicle’s driver, a North Carolina resident, is being held on suspicion of several drug offenses, including possession with intent to distribute heroin.

Maryland has strict criminal penalties for those convicted of possessing and/or selling certain drugs, including heroin. Both possessing heroin itself and possessing the items needed to prepare heroin for sale may be charged as crimes in Maryland. Possession with intent to distribute heroin is a felony in Maryland, and a conviction may mean up to 20 years in prison, $25,000 in fines, and other penalties for a first offense.

Few things are more frightening than facing charges for a serious drug felony, but you don’t have to do it alone. If you or someone you love has been charged with a drug-related crime in Maryland, the experienced Maryland drug felony attorneys at Alpert Schreyer can help. Call us today at (866) 444-6363 for a confidential telephone consultation.

In the face of power outages and severe heat causing dangerous conditions for Maryland residents, Governor Martin O’Malley has postponed a special session to discuss expanding the types of legal gambling allowed in Maryland, according to a recent article in The Washington Post. The governor’s office also noted that legislators who were supposed to participate in the session are not yet ready to convene.

The session would discuss whether or not to open a sixth casino in Maryland, including blackjack tables. If approved, lawmakers would place the casino issue on the November ballot. The new casino would be located in Prince George’s County.

The changing and/or expanding of laws, whether it is to allow another gambling institution, as mentioned above, or to alter the classification of an offense from civil to criminal, can create a lot of confusion. It’s even possible that a person maybe arrested for a crime that they were not aware was a crime. With the right criminal defense attorney, you can help to ensure that your rights will be protected and that you will not be subjected to unjust prosecution.

If you have been accused of a crime in Maryland, a skilled Prince George’s County criminal defense lawyer at Alpert Schreyer can help. Call us today at (866) 444-6363 for a confidential consultation.

The term “homicide” generally describes any unlawful killing of one human being by another. Maryland, like other states, separates homicides into different categories by type, with different penalties depending on the particular circumstances of the incident.

The most severe penalties are reserved for those convicted of first-degree murder. Section 2-201 of the Maryland Criminal Code defines first-degree murder as “a deliberate, premeditated, and willful killing” that may be committed in multiple ways, such as by lying in wait, by poisoning, or during the commission of one of a list of other felonies. A conviction of first-degree murder carries a penalty of death or life imprisonment.

In Section 2-204, Maryland’s criminal law defines second-degree murder as “a murder that is not in the first degree under section 2-201,” and the law imposes a penalty of up to 30 years in prison for those convicted of second-degree murder.

Less severe than murder is manslaughter, which, can result in 10 years in prison upon conviction. Types of Manslaughter include “voluntary”, “involuntary” and “manslaughter by vehicle or vessel,” in which a person is convicted of causing someone else’s death by driving or controlling a vehicle or boat “in a grossly negligent manner.”

Homicide of any kind is a serious charge, and you should not face these charges alone. At Alpert Schreyer, our knowledgeable Waldorf homicide lawyers can create an aggressive defense to protect your rights and pursue the best possible outcome in your case. For a free and confidential consultation on your case, contact our offices at (800) 489-1577.

According to the Governor’s Office of Crime Control and Prevention (GOCCP), Maryland’s crime rates have been dropping pretty consistently for the last few years. 2010 saw crime rates drop not only for multiple types of crimes, but also in multiple counties.

For several different types of violent crime, Maryland posted its lowest-ever crime statistics in 2010. For instance, in 2010 Maryland had 426 homicides, the lowest number reported since 1986, and the lowest number per capita that Maryland has ever reported. Similarly, Maryland’s 2010 robbery rate, with 11,053 robberies reported, was the lowest number and the lowest rate the state has had since the GOCCP began keeping track of crime statistics. Overall, the number of violent crimes in 2010 was 31,605, the lowest overall number since 1976 and the lowest rate per capita ever recorded in Maryland.

The number and rate of property crimes has also decreased in recent years. The rates of breaking and entering, larceny and thefts, and motor vehicle thefts per capita in 2010 were Maryland’s lowest in the history of crime tracking. The rate of motor vehicle thefts in Maryland dropped the furthest, with an 8.1% decrease compared to 2009.

Crime rates are dropping, but for those charged with a crime in Maryland, facing the legal system is still a daunting task. If you’ve been charged with a crime, please don’t hesitate to call the experienced Bowie criminal defense attorneys at Alpert Schreyer to get the help you need. Our number is (866) 444-6363, and your initial telephone consultation is free and confidential.