Assault

The Appeals Court of Maryland Criticizes Both Prosecutors and Defense Counsel in an Assault Case Involving a Woman Having a ‘Mental Health Crisis’

May 11, 2023 | by Anthony A. Fatemi, LLC

Often, this blog focuses on some sort of success for an accused person, like getting crucial evidence suppressed because the search that yielded it was unconstitutional. Sometimes, though, matters that end with unsuccessful – and even unjust – outcomes deliver the most important lessons, like one recent assault case from Cecil County that highlights how important it is not just to have a defense attorney, but rather the right Maryland criminal defense lawyer.

The accused, A.R., was an Elkton-area woman with serious PTSD. After experiencing a startling event that triggered her PTSD, she armed herself with a gun and a knife and entered a nearby roadway on foot.

Law enforcement responded to the scene, swiftly deescalated the situation, and subsequently arrested the woman. At the station, the woman continued behaving erratically, including removing all her clothes, so the officers decided to transport her to a hospital. The woman, who was in the midst of a “mental health crisis” at all relevant times, fought with the officers both in the roadway and during her transfer to the hospital. She also kicked a sheriff’s vehicle.

Restitution as a Condition of Probation and What Happens if the Court Sets Restitution After Your Probation Has Ended

January 24, 2023 | by Anthony A. Fatemi, LLC

Criminal law in Maryland allows the state to punish people convicted of crimes in several ways, including incarceration, fines, and restitution. Just like all other aspects of criminal law and punishment, there are rules about when and how the state can order restitution. If those rules aren’t followed, the restitution order isn’t valid. Whether you’re dealing with a jail sentence, a fine, or a restitution order, a knowledgeable Maryland criminal defense lawyer can help you take the proper action if the state has failed to follow the rules in your case.

C.P. was a man who pleaded guilty to two counts of assault in 2008 as part of a plea agreement. The court sentenced him to a period of active incarceration plus five years probation. Additionally, the court noted that, as a condition of probation, the state would propose an order for restitution.

The state released C.P. in June 2015, which also represented the start of his five-year period of probation. Those five years came and went and the man’s probation ended on June 19, 2020. In early February 2021 — seven and one-half months later — the state submitted a proposed order of restitution. The following October, the trial court entered an order demanding that C.P. pay $6,116 in restitution.

Presenting a Strong Defense in Your Maryland Sex Crime Case Centering Around Issues of Consent

October 10, 2022 | by Anthony A. Fatemi, LLC

For many people, “let’s meet up for a drink” is a frequent first-date proposal. Mixing alcohol and dating may be common but also presents risks, particularly when it comes to sexual contact and disputes regarding consent. If you find yourself facing charges for something that was actually a consensual sexual encounter, be sure to retain a knowledgeable Maryland criminal defense lawyer right away. Whether or not alcohol was involved, the right legal team can help you put on the effective and complete defense you deserve.

J.J. was one of those sex crime defendants. In August 2020, law enforcement officers in Anne Arundel County pulled over a woman they suspected was driving while intoxicated. When the officers approached her, the woman was upset and told them about her date with J.J.

According to the woman, she blacked out during the date and, when she regained consciousness, she found J.J. sexually attacking her. The man, however, maintained (and testified) that the entire encounter was completely consensual. The state brought charges of second-degree rape, third-degree sexual offense, fourth-degree sexual offense, and second-degree assault.

Getting Hearsay Evidence Excluded from Your Maryland Criminal Case (Even If Your Trial Judge Misstates the Rules)

August 10, 2022 | by Anthony A. Fatemi, LLC

Hearsay evidence is generally inadmissible. Hearsay evidence also can be incredibly harmful to an accused person in a criminal case. It can fill in crucial gaps in the state’s case or work to bolster the credibility of a key prosecution witness. Hearsay evidence doesn’t just exclude itself; it requires a well-timed and well-articulated motion by the defense. When it comes to accomplishing this and other crucial goals of your defense, make sure you have a skilled Maryland criminal defense lawyer advocating for you.

The theft and assault case of a Baltimore-area woman is a good example. S.S. was on trial for assault and for stealing $300-$500 of merchandise at a party supplies store.

The case arose after the store’s assistant manager allegedly spotted the accused woman stuffing numerous party favor balls into a “really big purse.” The manager confronted S.S. at the store’s exit, at which point the accused allegedly kicked the manager in the leg. Later, S.S. allegedly punched a cashier in the face.

A Trial Judge’s Failure to Give a Defendant a Chance to Present Evidence of Mitigation Leads the Maryland Court of Appeals to Toss the Man’s 40-Year Sentence

June 23, 2022 | by Anthony A. Fatemi, LLC

In a criminal case, it’s not always getting an acquittal. Sometimes, that outcome simply isn’t “in the cards.” Even when it’s not, you still need the right Maryland criminal defense lawyer on your side to protect your rights and ensure you get justice. Even if a conviction is unavoidable, it’s still important to fight back against overcharging or excessively long prison sentences, which can make a world of difference.

There are lots of things that Maryland law says you have the right to present in the sentencing phase of your case. Getting as much of this before the court as possible can be crucial to leaving with a fair sentence.

In D.M.’s assault and burglary case, the court found him guilty of home invasion, burglary, assault, and reckless endangerment. Immediately after the jury returned its verdict, the trial judge sought to proceed directly to sentencing, but the defense asked for a postponement.

Challenging the Jury Selection in Your Maryland Criminal Case, and How to Avoid Inadvertent Waivers of Your Legal Options

June 9, 2022 | by Anthony A. Fatemi, LLC

In 2000, an American rock band achieved international commercial success with a song entitled “All the Small Things.” The song saluted the many small things the songwriter’s partner did that were integral to fostering the relationship’s success. A successful criminal defense, much like a successful friendship or couples relationship, is the result of dedication, commitment, and acute attention to detail. Things that might seem small may ultimately be what lead to a successful end result. That’s why, whenever you or your loved one is facing charges, it pays to have skillful representation from an experienced Maryland criminal defense lawyer.

To illustrate what we mean, consider this recent first- and second-degree assault case from Frederick County.

During jury selection, the prosecution used a peremptory challenge on a Black man. (A peremptory challenge is one where the side advancing it need not provide a reason for wanting the potential juror excused.)

Juvenile Suspects, Police Interrogation, and When a Confession is (Or Isn’t) Voluntary Under Maryland Law

May 24, 2022 | by Anthony A. Fatemi, LLC

For an agreement to be legally binding, certain things must be true. Generally, both sides must have agreed to the agreement’s terms knowingly and voluntarily, free from improper coercion, duress, or fraud. That’s true whether you’re entering into a commercial sales contract, a marital settlement agreement, a plea deal, or an agreement to give the police a statement or confession (and waive your constitutional rights under Miranda v. Arizona.) In each scenario, the standard for invalidating an agreement is different. If the police or a prosecutor deceived your underage child to get you to waive your Miranda rights then, with the help of a skillful Maryland criminal defense lawyer, you may be able to get your agreement or statement thrown out.

Situations involving juvenile suspects are particularly complex and present unique opportunities to get the statement tossed, as one Edgewood homicide case demonstrates.

Three days after the victim’s death, the Harford County Sheriff’s Office arrested 15-year-old J.B. The teen’s parents asked five times to meet with their son, but they were turned down each time.

What to Do When a Prosecution Witness Invokes the Fifth Amendment in Response to Your Cross-Examination Questions in a Maryland Criminal Trial

November 23, 2021 | by Anthony A. Fatemi, LLC

One of the most potent elements of your criminal defense can be the cross-examination of the witnesses who testify against you. That cross-examination may shed critical light onto the witness, revealing them to be something less than believable and trustworthy. When a witness tries to avoid answering your questions on cross-examination, it pays to have a skilled Maryland criminal defense attorney on your side, as that witness’s failure to answer may entitle you to have the witness’s entire testimony thrown out.

S.C. was on trial for his alleged actions during a dispute with the mother of his baby son. The woman, despite the presence of an order of protection she had against S.C., voluntarily chose to text him and ask him for money. She subsequently agreed to meet him and accompany him to a hotel room. While at the hotel room, the woman smoked marijuana and agreed to spend the night with S.C.

The next morning, the woman and S.C. allegedly became embroiled in an alleged physical altercation that was the basis for the charges the state brought against S.C.

Police Officer Testimony About Out-of-Court Statements and When that Is — and Is Not — Inadmissible Hearsay in a Maryland Criminal Trial

October 29, 2021 | by Anthony A. Fatemi, LLC

A successful defense in a criminal case involves many things. One of these is keeping inadmissible evidence out of your trial. That can include excluding inadmissible hearsay testimony that potentially harms your case. To do this, and to make sure that your rights are fully protected throughout the process, it pays to have an experienced Maryland criminal defense attorney on your side.

Winning these kinds of hearsay arguments can be nuanced. Consider the felony case of J.S., who was on trial for assaulting his partner, S.B. In June 2019, the pair became involved in a dispute at their home in Cecil County. Police responded to the home and interviewed both the man and the woman.

During the man’s trial, the prosecution put one of the police officers on the witness stand. Under questioning from the prosecutor, the officer stated that the alleged victim told him that, before the officer arrived at the home, she had made plans to go to dinner with her mother, but that the accused had told her she was not free to leave the home and had pointed a gun at her head.

How a ‘Batson Challenge’ Works and How It Can Help You Avoid Potential Racial Discrimination in the Jury Selection Process

September 24, 2021 | by Anthony A. Fatemi, LLC

One of the most basic concepts underlying criminal trials in this country is the notion of fundamental fairness in the process. One element of that fundamental fairness is having your guilt or innocence determined by a jury of your peers. Toward that end, the law says that the prosecution cannot engage in racial discrimination in the jury selection process. When it comes to protecting your rights, before, during, and after your criminal trial, make sure you have a skilled Maryland criminal defense lawyer advocating for you and protecting you from this and other forms of unfairness.

One of the most essential tools in the criminal defense attorney’s “toolbag” when it comes to thwarting racial discrimination in the jury selection process is something called a “Batson challenge.” (That name comes from the 1986 U.S. Supreme Court case of Batson v. Kentucky, in which a Black man was convicted by an all-white jury after the prosecutor struck all of the Black potential jurors during voir dire.)

To give you an example of what the Batson challenge process looks like, we have a recent assault and theft case from Cecil County. B.B., a Black man, was on trial for second-degree assault, conspiracy to commit robbery, conspiracy to commit second-degree assault, and conspiracy to commit theft.