Maryland Law Blog

A Columbia man was recently arrested and charged with wounding a Dunkin’ Donuts clerk in Anne Arundel County. Police reported that on December 12, 2009 a clerk was shot through a drive-through window after refusing to comply with demands for cash from a man who came to the drive-through window armed with a shotgun. The wounded clerk was taken to the Maryland Shock Trauma Center for treatment of serious injuries. The 21-year-old alleged shooter was captured by the police department’s Special Enforcement Team and has been charged with attempted murder.

An attempted murder charge is a form of assault and since the man was carrying a gun, charges may be increased. Penalties could include extended prison time and large fines. Although it is legal to own a gun in the U.S., most citizens are prohibited from carrying one on their person in public. If law enforcement suspects you of carrying a gun, they can legally search you and your vehicle.

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Posted In: Assault , Criminal Defense , Weapons Charges

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Two years ago in October, a 21-year-old man was found dead just inside Leakin Park in Baltimore. According to police reports, a motorist who had been driving through the park discovered the body of the man early on the morning of October 10, 2007. The victim's head was covered with duct tape and blood was discovered on his face and head. It was determined that the victim had been shot twice in the head after being abducted the day before. It is unclear what provoked the attack, considering that the victim, who was originally from Ghana, had no criminal record in Maryland.

Two men ages 23 and 30 were arrested on Thursday December 17, 2009 and charged with first degree murder, assault and various handgun charges in the Baltimore murder. They have been ordered to be held without bond. Both suspects charged in this case had prior criminal convictions including burglary and handgun charges. One of the suspects was also found not guilty in 2004 of attempted first-degree murder.

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Posted In: Assault , Criminal Defense , Homicide

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A topic of much discussion lately in the state of Maryland relates to problems regulating violent and abusive behavior against employees at the Department of Juvenile Service’s highest-security treatment facility. The Baltimore Sun reported in an article on June 22, 2009 that Maryland Lawmakers plan to have hearings this fall regarding the facility and what improvements need to be made.

Juvenile reform is much needed as multiple reports revealed that the facility is not well prepared to handle its young offenders. In fact, an escape in May that came after a violent assault on employees at the Victor Cullen Center was even cited. A report organized by Maryland’s independent juvenile services monitor concluded that, as the state’s only locked treatment facility for teenage boys convicted of crimes, the center is not rehabilitating some of its most threatening juveniles, therefore not serving its purpose.

It would be a shame if the issue of money is holding lawmakers back from initiating changes to the system, include more intense therapeutic programs in juvenile facilities, more efficient at-home services, and higher quality employee training, considering that all of these factors and probably a few others are in high demand and very necessary to ensure the safety of all who are involved with the facilities.

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Posted In: Assault , Criminal Defense , Law & Information

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According to a recent article, an 87-year-old man from Columbia has been charged with the first homicide in Howard County this year. Commonly associated with being an affluent and safe city, the main centers of Howard County, Columbia and Ellicott City, were named together as 4th in Money Magazine’s “America’s Best Places to Live.” This secure reputation is undoubtedly shaken by the recent assault and homicide incident that took place at an assisted living community in Columbia. The elderly suspect is a resident of the nursing home whom Police believe began striking a fellow resident in the head without having been provoked. Any sort of motive for his actions is unknown at this time.

According to the article, the victim was 91-years-old and his cause of death was reported to be death caused by head trauma. The classification of his death was deemed homicide. Investigators do not think that the suspect and the victim knew each other. The 87-year-old suspect has been charged with second-degree murder, first-degree assault, and second-degree assault. The last homicide in Howard County was in October 2008, with a total of four homicides having taken place in the county that year.

Although it is unknown at this time what prompted the alleged assault, investigators may examine the mental health of the suspect, especially since the attack took place very abruptly and at random.

Continue reading "Howard County Homicide at Assisted Living Community is First of 2009" »

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Posted In: Assault , Criminal Defense , Homicide

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In the rundown of the Baltimore police blotter for March 10, 2009, the Baltimore Sun notes in an account that a 19-year-old northeastern Baltimore man is in critical condition after being shot in the face during the early morning hours of March 9, 2009. Currently, the Maryland assault with a firearm case is under investigation, and no charges have been filed.

Given the limited amount of information available, should an arrest be made, felony assault with a firearm charges seem likely. Felony assault in Maryland is the attempt to intentionally cause serious harm to another, successful or not. In this case, the victim received injuries severe enough to warrant hospitalization, so the possibility of the state tendering second-degree assault charges is very remote, especially since those injuries were inflicted using a firearm. In Maryland, felony first-degree assault carries a maximum prison sentence of 25 years.

However, should an investigation reveal sufficient evidence that the as-of-now unknown assailant deliberately tried to kill the victim, the charges could be increased to attempted first or second-degree murder. A conviction on an attempted murder charge carries increased prison sentences, from 30 years to life imprisonment.

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Baltimore police have arrested Eddy M. Castillo-Diaz, 21, in connection with a stabbing death that took place February 22, 2009, in East Baltimore. According to a Baltimore Sun story, Mr. Castillo-Diaz is a native of Honduras, and police believe that he is in the United States illegally.

Mr. Castillo-Diaz has been charged with first-degree murder in Maryland, assault and weapons charges. Under Maryland law, first-degree murder can be punished by the death penalty,* life imprisonment without the possibility of parole, or life imprisonment. Should the State choose this as a capital case, the accused must be notified in writing of this intent at least 30 days before the start of the trial.

Given the circumstances, the assault charge against Mr. Castillo-Diaz is most likely the more serious felony assault, which depends on the intentional attempt to inflict serious harm on a person, or the infliction of serious bodily injury on a person. Felony assault charges carry a prison term of up to 25 years.

The weapons charge of the type leveled against Mr. Castillo-Diaz is a misdemeanor, punishable by up to three years in prison augmented by up to a $1,000 fine.

Criminal charges of any kind are a serious matter. If you have any questions or concerns about cases such as this one, please contact the experienced Maryland criminal defense attorneys of Meng & Alpert LLC for more information. The attorneys of Meng & Alpert LLC have successfully represented clients facing weapons charges, homicide and assault, as well as general criminal charges. Call 866-444-6363 for a free case evaluation.

*The practice of capital punishment in the state is facing challenges from both the governor and the Maryland Senate.

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A review of the Baltimore Sun’s police blotter report for Saturday, March 7, 2009, reveals that three people were arrested and charged with first-degree assault in Maryland in connection with a roadway-shooting incident that took place during the early morning hours in the Woodlawn area.

According to the blotter record, the three individuals were driving in the Woodlawn area and at approximately 3:30 a.m., one of the individuals allegedly discharged a .32 caliber handgun at the driver of another car. Fortunately the shot missed, and the driver reported the incident to law enforcement officials.

Police stopped the suspect’s vehicle shortly after receiving word of the incident and arrested the occupants of the car, two men and a woman. Police officers also recovered the handgun believed to have been used in the shooting.

The roadway shooting case illustrates one aspect of assault charges that are slightly counter-intuitive: the act of assault does not have to be successful for the charges to be made. A charge of first-degree assault in Maryland can be made for the attempt to cause serious physical injury to another. According to one reading of the Maryland code, using a firearm to commit the assault places the act firmly in first-degree assault territory.

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Posted In: Assault , Criminal Defense , Weapons Charges

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