Maryland Law Blog

A trial for two Maryland police officers accused of assaulting a college student with batons during a basketball game resulted in one of the officers being found guilty of second-degree assault. Both law enforcement officers faced first- and second-degree assault and police misconduct charges for the beating, which occurred at the University of Maryland in College Park, and video showed a now 24-year-old student being struck with batons during a fight that broke out at a March 3, 2010 basketball game.

The student suffered several injuries, including a concussion, and was among 33 people arrested at the game for disorderly conduct and assault on a police officer. The Maryland police officers claimed that the college student attacked them and sustained his own injuries when he was kicked by one of their horses, but the charges were dropped against the student when a video was released that contradicted these statements.

Continue reading "Officer Found Guilty of Assault for University of Maryland Student Beating" »

The month of October is Domestic Violence Awareness Month, and the York Daily Record reports that new laws are going into effect this month which may protect Maryland residents from abuse.

Data from the Governor’s Office of Crime Control and Prevention in Maryland indicates that 17,931 domestic violence crimes were reported in 2010 in addition to 18 domestic violence-related homicides, prompting officials to pass legislation that may help protect domestic violence victims.

Continue reading "New Domestic Violence Laws Go Into Effect in Maryland This Month" »

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.

A 52-year-old resident of Chestertown, previously arrested for the MD crime of assault in November, 2011 while dressed as the favorite holiday character Frosty the Snowman, is once again in trouble with the law, according to a WBOC.com news story. The man who, according to Chestertown police “makes bad decisions,” was arrested on charges of disorderly conduct, resisting arrest, and related charges following an incident that occurred in front of the man’s home on High Street.

According to the report, police passed the man’s house twice and as the 52-year-old walked toward their vehicle, one of the officers proceeded to get out of the car. ‘Frosty,’ who was not in costume at the time, became “irate and angry” and was using profanity, according to the police officer’s statement. Police suggested he go back inside his home and reportedly gave him many opportunities to cease and desist, but the man continued to act inappropriately and was therefore arrested.

The Chestertown resident believes police went overboard arresting him, but admits using profanity in the presence of the officers was a mistake. Following the arrest, he was released on his own recognizance. In November, the man was arrested for allegedly attempting to kick a police dog during a Chestertown Christmas parade.

If you are facing criminal charges in the state of Maryland, a skilled Maryland criminal defense attorney with the law firm of Alpert Schreyer can help. Seeking assistance from a qualified attorney is well-advised and may help you avoid harsh penalties and excessive fines. To see how we can apply our years of criminal defense experience to your case, call (866) 444-6363 for a free case evaluation.

WBALTV.com reports that Baltimore City Police arrested four elementary school students on March 30 following a playground fight. The police officers arrived at Morrell Park Elementary School and arrested three nine-year-olds and an eight-year-old boy, handcuffs and all, on Maryland aggravated assault charges. Reports indicate that the charges were based on a fight that occurred nine days earlier in the 2500 block of Tolley Street in Southwest Baltimore when allegedly one of the children held another child’s head underwater, while another held a boy’s head on a railroad track and threatened to kill him if he told anyone about the incident. The children were held for almost 12 hours in a juvenile detention center nicknamed “Baby Booking.”

Following the arrest of the four elementary school children, members of the Baltimore Police Department are now facing a wave of controversy for their use of handcuffs on the kids and the manner in which they were arrested as it occurred during school hours where anyone could see. Police adamantly defended their actions stating that suspects in all cases are handcuffed to keep officers safe and to prevent people in custody from harming themselves.

However, parents and others argue that officers could have detained the youth after school ended and with “much less fanfare.” An attorney with the ACLU (American Civil Liberties Union) in Maryland condemned the arrests and conduct of the police, stating there is no excuse for treating eight- and nine-year-old children the same way as adult criminal suspects, adding this shows a problem with the Baltimore Police Department as a whole. City school officials declined to comment regarding the case, simply saying it is under review.

Regardless of age, any resident charged with assault may face severe penalties without the help of a skilled assault defense attorney in Maryland. The law firm of Alpert Schreyer has years of experience defending individuals facing criminal charges and can help protect you against excessive penalties. To speak with us regarding your case, please call (866) 444-6363 for a free consultation.

The Baltimore Sun reports that a man was stabbed at a New Year’s Eve party in Odenton after trying to kick out an intoxicated partygoer. The unidentified victim was stabbed in the leg early Sunday morning, at approximately 3:30 a.m., as he attempted to remove the 26-year-old perpetrator from the premises. The victim was taken to Maryland Shock Trauma Center for treatment, and fortunately his injuries did not appear to be life-threatening. The stabber was quickly identified, and subsequently charged and arrested for first- and second-degree assault and reckless endangerment.

Under Maryland criminal law section 3-204, reckless endangerment outlines that a person may not:

• Engage in conduct that creates a substantial risk of death or serious physical injury to another; or
• Discharge a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious physical injury to another.

The penalty for anyone who is convicted of violating this section will be guilty of the MD misdemeanor crime of reckless endangerment and may be subject to imprisonment not exceeding five years or a fine of $5,000, or both.

The state of Maryland takes any assault-related crime very seriously, and any person found guilty may be subject to harsh penalties. The Bethesda assault defense lawyers with the law firm of Alpert Schreyer can help Maryland residents charged with reckless endangerment build an aggressive defense and get the best possible outcome in their case. Our legal team has years of experience defending clients in criminal cases and obtaining successful results. For a free and confidential consultation, call (866) 444-6363.

Baltimore County leaders, including officials from the Baltimore County Police Department and the county health department, warned MD residents that the holidays can bring an increase of domestic violence cases. According to ABC 2, County leaders stated that the increased stress that accompanies the holiday season can serve as a catalyst for domestic violence, citing a particularly heinous 1999 crime to reinforce their point. The two children of an MD woman were shot and killed by her abusive husband in Ocean City, shocking the entire state.

Though the woman’s story is horrifying, it serves as a reminder that violent crimes often happen with people the victim knows and may love or care about. The county health department in Baltimore explains that the increase in domestic violence can be attributed to the “too much syndrome,” meaning that during the holiday season there is too much drinking, eating, arguing, or drugs. Any of these, combined with holiday stress, can be a dangerous combination for victims currently in an abusive relationship. Area domestic violence shelters may also see an increase in domestic violence victims fleeing their unsafe and possibly life-threatening situations at home.

Penalties for domestic violence in the state of Maryland are similar to the crime of assault; if served a protective order or restraining order and there is a failure to comply or a violation of the order, the maximum penalty is 90 days in jail. A second offense will come with a maximum of one year in jail. A failure to comply with a peace order, or a violation of this order, may also give the offender a maximum of 90 days in jail.

Being convicted of the crime of domestic violence in Maryland can bring harsh penalties and a negative stigma that can haunt a person for the rest of his or her life. If you have been charged with the crime of domestic violence, an experienced Bethesda domestic abuse defense attorney with the law firm of Alpert Schreyer can help you obtain the best possible outcome in your case. For a free consultation and review of your case, call (866) 444-6363.

In a very bizarre story this holiday season, a man dressed as Frosty the Snowman was recently arrested in Chestertown on assault charges. According to Digitaljournal.com, the Maryland resident, who was dressed as the iconic Christmas character, was participating in a Chestertown Christmas parade when he allegedly kicked a police dog. The police sergeant/dog’s handler immediately escorted the man away from the crowd, but Frosty reportedly hit the police officer in the face with the head of his costume. A second officer on the scene also claims he was pushed by the Frosty impersonator as they tried getting him into the patrol car.

The man, who was on probation for disorderly conduct, now faces a second degree assault charge for the incident, as well as other charges including resisting arrest and disorderly conduct.

Under Maryland law, an assault crime is considered to be any crime involving assault, battery, or a combination of the two. Assault in the second degree is a considered a serious offense (though not as serious as assault in the first degree). If you touch someone else in an unwanted manner that could be perceived as offensive, unwanted, or potentially harmful, you may charged with this offense. Assault in the second degree is considered a misdemeanor crime in Maryland and carries with it a maximum penalty of 10 years. If the assault is committed on law enforcement, however, the assault charge may be considered a felony.

Though it is not uncommon for an assault charge to be pled down to something less serious in Maryland, the consequences for any assault conviction can be harsh, as it considered a very serious offense. If you are a Maryland resident who is facing assault charges, an experienced Waldorf criminal defense lawyer with the law firm of Alpert Schreyer can help build an aggressive defense on your behalf. We have helped many Maryland residents facing assault charges get their charges reduced or dismissed altogether. Please call (866) 444-6363 for a free consultation.

The Baltimore Sun reports that a Baltimore County police officer was arrested Tuesday night after he assaulted his girlfriend and pointed a handgun at her. The suspect, a 5-year-veteran working the Pikesville Precinct, faces charges of first-degree assault, second-degree assault, destruction of property, and false imprisonment. The attack allegedly occurred on September 23 in Towson.

Police records indicate that the pair argued after the victim tried to discuss her involvement in a new relationship. The suspect got into the victim’s car and grabbed her arm forcefully enough to leave a bruise. The argument continued after the pair entered the suspect’s house and, when the victim attempted to leave with her 13-month old child, the man pointed a gun at her and told her to get away from him. Law enforcement officers believe the man had been drinking. He has been suspended and his service weapon has been taken from his possession. He is currently free on $50,000 bail.

Anyone charged with assault and false imprisonment should retain legal counsel as soon as possible after being arrested. These are serious charges that could lead to time in prison, steep fines, mandatory counseling, and other penalties. In some cases, an assault charge is based on “he said, she said” statements, which puts defendants at an unfair position. An experienced attorney can help you build a strong defense against these charges.

The Maryland criminal defense attorneys at Alpert Schreyer have extensive experience defending clients against charges such as assault, theft, burglary, robbery, and other crimes. We work hard to make sure your rights are protected at every step of the legal process. Call us at (301) 262-7005 or (866) 444-6363 to schedule a free and confidential review of your case.

In a story by CBS Baltimore, a 19-year-old man has been sentenced to 10 years in prison following an assault and robbery that took place in Linthicum, Maryland in February. It was determined that the man and his 15-year-old brother severely beat and robbed a 59-year-old man walking near the Linthicum light rail station. The man suffered a broken nose, eye socket and cheek bone as well as three broken vertebrae and a cracked rib.

In addition to the 10 year sentence, the 19-year-old will be on probation for five years following his release. During that time he will not be allowed to come within a mile of any light rail station, even though police never learned whether or not the man and his brother used the light rail system to get to Linthicum.

Due to the serious nature of such violent crimes in Maryland, law enforcement and prosecutors must follow strict rules during the investigation and prosecution of alleged assaults. However, sometimes police officers and prosecution lawyers make mistakes or are overzealous during arrest procedures.

At Alpert Schreyer our experienced Maryland assault defense attorneys know how to thoroughly analyze your case, looking for errors that may help to reduce or eliminate the charges against you. While the penalties associated with assault charges can be daunting, our assault defense lawyers will aggressively defend your rights and work hard for the best possible outcome. If you or a loved one has been charged with assault, call Alpert Schreyer today to learn more about your legal rights. Call 1-866-444-6363 for a free and confidential consultation.

Two young women suspected of beating a transgender woman in a McDonald’s restaurant may be charged with a hate crime in addition to the assault, according to recent news reports from WAMU and CNN. The victim is currently recovering from her injuries.

The incident occurred in the McDonald’s in Rosedale, just outside Baltimore. Rescue workers and police arrived on the scene to find the victim having a seizure. Video from the incident appears to show the two suspects beating, punching, and kicking the woman, while other patrons urged them to leave before the police arrived.

Prosecutors have already charged the 14-year-old suspect with second-degree assault, and she will be tried as a juvenile. The second suspect, who is 18 years old, was charged with one count of first-degree assault and two counts of second-degree assault. Prosecutors are also considering charging both women with a hate crime after they admitted that the fight began over the transgender victim’s use of the ladies’ bathroom at the restaurant. Protestors outside the Rosedale McDonald’s seem to support the hate crime charges, according to WAMU.

Facing violent crime charges is difficult, and the problems are multiplied when the crime allegedly committed winds up in the public eye. If you’re facing assault charges in Maryland, please don’t hesitate to contact the experienced Maryland assault defense attorneys at Alpert Schreyer, LLC. Call 866-444-6363 for a free and confidential case evaluation.

The FBI has taken over the investigation into an alleged beating of a University of Maryland student by three Prince George County police officers that reportedly occurred on March 3 of this year, according to The Washington Post.

The alleged assault occurred during a celebration of the University of Maryland’s basketball win over Duke University, and was caught on tape. The student suffered several injuries, including a concussion. The three police officers involved remain suspended or on desk duty while the investigation into the incident is conducted. An internal affairs investigation by the police has almost been completed, but it has been put on hold.

Federal authorities had been observing the work of local prosecutors on the case for several months. Last week, federal officials visited the homes of 40 officers who were working on the night of the apparent assault. However, they have now started interviewing witnesses and have been gathering evidence, including footage from college cameras, emails, and texts from cell phones of police officers at the scene of the crime, as well as obtaining statements from the officers on duty. The FBI has not commented publicly on why federal agents have taken over the investigation, or whether charges are going to be filed. The incident may be pursued as a civil rights case. Charges may also be filed under state law.

This case is very serious for the police officers involved. If the officers involved are found guilty of wrongdoing, their careers could be permanently jeopardized and they could face additional life-altering consequences.

If you have been accused of assault in Maryland, it is important for you to have an experienced Maryland assault defense attorney to help you successfully navigate the criminal justice system. Contact the lawyers at Alpert Schreyer today at 301-262-7005 or 1-866-444-6363 for a free consultation on your case.

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.

Continue reading "Man Accused of Shooting Clerk at Drive-Through Window" »

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.

Continue reading "Two Men Arrested for First Degree Murder and Assault in 2007 Crime" »

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.

Continue reading "MD Lawmakers Discuss Juvenile Treatment Facility Reform" »

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" »

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.

Continue reading "Baltimore Shooting Puts Man in Critical Condition" »

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.

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.

Continue reading "Woodlawn Roadway Shooting Considered First Degree Assault" »