Second Degree Assault Charge With No Witnesses

My question involves criminal law for the state of: Maryland

I need help. We are facing a second assault charge. The defendant suffers from mental instability. When the event occurred, there were no witnesses. Documents were filled out forcefully hours after the incident. There is NO PHYSICAL DAMAGE to the victim.


Is there a case that could lead to possible imprisonment???

Whether or not imprisonment can result from a criminal charge depends on factors including the conviction charge, any applicable sentencing guidelines, the terms of any involved plea bargain, the facts of the offense, and the offender's prior history.

The alleged victim is a witness who can testify about what happened. In many cases, the police also obtain a self-incriminating statement or confession from the defendant; you would know better than us whether that happened in this case.

To put the one statement in that Mr. K didn't: You need a lawyer. No matter how flimsy this case is, the implications are VERY SERIOUS. A lawyer will attempt to stop this at every step of the process.

Physical injury is not required to be guilty of assault.

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Quoting r3conwife

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Is there a case that could lead to possible imprisonment???

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YES!

Hire a lawyer.

I always find it telling when people's chief objections to criminal charges are "there were no witnesses," "they can't PROVE it," "they waited to fill out a report," and "they weren't even hurt."

That says that it happened and someone is hoping to beat it anyway.

I appreciate everyone's advice! As per forum rules, I didn't want to elaborate on the exact incident. But, thankfully, in our case, serving jail time isn't going to be an option. The violent gesture that was made was self defense. The police officers that forced the written statement when there was a crisis center team at our house shouldn't have done so - the incident occurred at least 8 hours before the crisis center was called. The fact that there has been recent struggles with PTSD and bipolar, and treatment and therapy have already been sought out, add to less penalty in the case.
I understand your perspective, DeputyDog, as I have witnessed and have been a victim of domestic violence, and I can assure you that those cases were documented, and those involved were punished.
Everyone has a right to their own opinion, but recently, I have had to take a different outlook on life, and really ponder... What is it LIKE walking in that person's shoes??

You're making less sense than you did before. How YOU feel things should be handled is immaterial. The answer is that there is a statement made by the victim that you assaulted them. Eight hours is SQUAT when it comes to reporting crimes. We don't reduce penalties for assault based on the fact that the victim is mentally challenged (I have no idea where you think that comes from). Self defense is a defense you'll have to make but understand much of what people call self defense is retaliation and mutual assualt isn't permitted either.

This is no charge to sneeze at. Get a lawyer. I am telling you what I would do in your shoes. If this is DOMESTIC VIOLENCE it's even worse. You don't want to take a conviction here PERIOD (even if there is no jail). Domestic violence convictions have severe and life long repercussions. If this is truly a groundless accusation, the lawyer should be working to get the DA to dismiss it EARLY ON. However, that's not going to happen likely on its own.

Unfortunately this is now SO vague that we really can't give you advice.

So now there was a crisis team involved and PTSD and bi-polar issues? This sounds like one big mess, and no one can give you accurate advice without you laying out the whole story, and all details, from point A through point Z.

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Quoting flyingron

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You're making less sense than you did before. How YOU feel things should be handled is immaterial. The answer is that there is a statement made by the victim that you assaulted them. Eight hours is SQUAT when it comes to reporting crimes. We don't reduce penalties for assault based on the fact that the victim is mentally challenged (I have no idea where you think that comes from). Self defense is a defense you'll have to make but understand much of what people call self defense is retaliation and mutual assualt isn't permitted either.

This is no charge to sneeze at. Get a lawyer. I am telling you what I would do in your shoes. If this is DOMESTIC VIOLENCE it's even worse. You don't want to take a conviction here PERIOD (even if there is no jail). Domestic violence convictions have severe and life long repercussions. If this is truly a groundless accusation, the lawyer should be working to get the DA to dismiss it EARLY ON. However, that's not going to happen likely on its own.

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I did consult a lawyer. Today. And never did I once say that I assaulted anybody. And I never said this is how I feel it should be handled. The lawyer is looking to get it dismissed early. But sorry for the confusion. My head is still spinning from everything that has been going on. I wasn't trying to make myself look like an idiot either. I just have blonde moments...

And for more information for you guys:
My boyfriend is an Army Vet. He suffers from PTSD and bipolar, which he is medicated for. We moved into a new house, been having financial and life struggles, we have two young children. The past couple weeks he had major breakdowns where I reached out to the crisis center, and that was a mistake. They came, asked him questions, asked me questions. I was in state of crisis and panic because I thought my boyfriend was going to commit suicide that day. There was a minor argument that resulted in physical contact. The cops that showed up with the crisis center took it upon themselves to press charges AGAINST him when I blatantly said no and refused to do anything against him, and I even questioned why they were making me fill out paperwork when all I wanted for him was to get psychiatric help.

Understand that it is the STATE who prosecutes. Once there is probable cause that a crime has been committed, it doesn't really matter what the "victim" wants to do. Victims recanting or trying to avoid having their domestic partner charged is a common enough situation that the police and prosecutor are disinclined to disregard such disclaimers. It's there job to investigate if such a crime possibly was committed and to obtain information from the witness (even if it is the victim) as to what happened.

I suggest you stop talking and listen to your lawyer now that you finally admit to having one.

I can tell you what typically happens YOU DON'T WANT.