A road rage incident occurring in Ocean City, Maryland last month almost turned deadly after one of the parties allegedly pulled a knife out during the altercation. According to police reports, the incident began when a driver (we’ll call him “John Doe,” as his name was not released) made a lane change in front of another driver’s car.
After the lane change, it is alleged that Scott Williamson followed Doe closely from behind and sped up to the left side of the vehicle. From that point, Williamson supposedly jerked his vehicle into the side of Doe’s car and caused both of the vehicles’ mirrors to strike each other. Once the mirrors struck each other, Doe proceeded to call the police.
Williamson then exited the driver’s side of the vehicle with a knife in his hand and attempted to open the blade in a noticeable fashion. He allegedly yelled for Doe to get out of the vehicle while pointing the knife in Doe’s direction. At some point in the altercation, Williamson went back to his vehicle and retrieved his cell phone to start recording the victim.
When police officers arrived on the scene, Williamson attempted to hide in his vehicle. He was ordered to put his hands behind his head and complied. He was charged with several offenses, including felony first-degree assault, reckless endangerment, and carrying a dangerous weapon with intent to injure.
What are the characteristics of assault?
Assault is the criminal act of creating physical or unwanted harm against another individual. One of the most important elements of an assault charge is the intent behind an attack. For example, a person who intentionally pushes or strikes someone can be charged with assault. If someone accidentally pushes someone or knocks someone over, that individual cannot be charged with assault.
Is there any difference between assault and battery?
Although assault and battery are two offenses that are commonly associated with one another, they have different legal elements. An individual can be guilty of an assault charge if the other person is in fear or believes that he or she is at risk of suffering physical harm, regardless of whether the person was physically injured or not.
Battery, on the other hand, is a criminal act where a physical attack must occur for the individual to be found guilty. Because the two offenses are regularly intertwined, many statutes commonly refer to acts of physical violence with the phrase “assault and battery.”
What are the different assault charges in Maryland?
Assault is defined as unwanted or non-consensual touching that leads to the harm of someone else. Assault can also include the threat to cause harm or an attempt to harm someone else. Because of the way the law is written, the simple act of attempting to harm someone, even if it does not happen, is considered assault. Under Maryland law, the degrees of assault include the following:
- Assault in the first-degree: Assault in the first-degree includes any bodily harm caused by a bat, knife, firearm, or another type of blunt object.
- Assault in the second-degree: Assault in the second-degree includes any bodily harm to a law enforcement officer, an agent, or a first responder.
- Reckless endangerment: Reckless endangerment is an action that causes risk of serious injury or death to someone else. Reckless endangerment also includes the reckless use of a vehicle and the discharge of a firearm.
What are the penalties for assault in Maryland?
The penalties for assault in Maryland are as follows:
- Assault in the first-degree: Charged as a felony, those convicted of assault in the first-degree can face up to 25 years in a Maryland prison.
- Assault in the second-degree: Charged as a misdemeanor, those convicted of assault in the second-degree face no less than 10 years in a Maryland prison, a fine not to exceed $2,500, or both.
- Reckless endangerment: Conviction of a reckless endangerment charge comes with a prison sentence of no more than five years, a fine of no more than $5,000, or both.
Factors a judge will consider when determining a sentence for assault
Generally speaking, assault charges land you in jail or prison, and costs you thousands of dollars. In some cases, however, the judge may agree to a diversion program if the accused is a juvenile with no prior record, or if the victim does not want to press charges because he or she knows the accused. In special circumstances like these, a judge may use his or her discretion for sentencing, or even dismiss the case outright if both parties agree to it.
In most cases, however, the judge must follow the sentencing guidelines put forth by the state of Maryland, which outlines how a sentence should be imposed. Some of the factors that influence the judge’s sentencing decision include the following:
- The circumstances of the crime
- The extent of the victim’s injuries
- Whether or not the accused has a criminal record
- Whether or not the accused is a “flight risk”
- The severity of the charge
- The relationship between the accused and the alleged victim
Common defenses against an assault charge
One of the most common defenses against an assault charge for defendants includes self-defense. You can use this type of defense to prove that the other person initiated the altercation, and that you:
- Felt you were in danger
- Could see no way to escape or diffuse the situation
- Used as little force as possible
Another common defense includes arguing that your actions were not intentional, and that any injuries you caused were merely accidental.
If you have been charged with assault, Carey Law Office is ready to help. With locations in Bowie, Crofton, and Owings, we gladly serve clients in Anne Arundel County, Calvert County, Prince George’s County, and the surrounding areas. You are welcome to call 301-464-2500 or fill out our contact form to schedule a consultation now.
My name is Joe Carey, and I am the founder and principal attorney of the Carey Law Office. I have lived in Maryland my entire life. I grew up in a small town in Prince George’s County and, with the help of my partner in life, Nancy, I raised my family here: three exceptional children (a son and two daughters), and two goofy, spoiled black Labrador Retrievers. Learn More