Archives for May 2021

Reckless Endangerment in Maryland

What Constitutes Reckless Endangerment? What Are the Penalties?

Reckless Endangerment in MarylandUnder Maryland law, a person may not engage in actions that create “a substantial risk of death or serious injury to another.” Such acts constitute “reckless endangerment.” The statute specifically prohibits discharging a firearm from a motor vehicle in a way that poses a substantial risk of death or serious injury, but the crime of reckless endangerment is not limited to that act. Other acts found to constitute reckless endangerment include:

  • dropping rocks on passing cars from a bridge;
  • throwing harmful objects into a crowd of people; and
  • using a motor vehicle recklessly.

It’s important to understand that this offense does not require proof of intent but only recklessness. The law generally defines recklessness as a disregard for the risks posed by an act, where the person knew or should have known of the potential consequences but ignored them. Similarly, a person cannot be charged with reckless endangerment for an act that is merely negligent.

The Penalties for Reckless Endangerment

Reckless endangerment is a unique type of offense in Maryland, one referred to as a “penitentiary misdemeanor.” Though it’s technically a misdemeanor, and should carry a term of incarceration of no more than a year, it can bring a five-year prison term.

Experienced Baltimore Criminal Defense Lawyer

Maryland SuperLawyer Jonathan Scott Smith has successfully fought for the rights of criminal defendants throughout Maryland for more than 30 years, including individuals facing reckless endangerment. AV-rated by other lawyers under Martindale-Hubbell’s Peer Review Rating System, he has also been named a Top-Rated Lawyer by The American Lawyer magazine. Jonathan has received AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating from AVVO as a trial lawyer.

Attorney Smith knows how a criminal charge and conviction can affect your life, andhe will zealously protect your constitutional rights. He’ll question witnesses, review police reports, and carefully gather all evidence to support your acquittal.

Proven Criminal Defense Attorney in Montgomery County

To schedule a confidential consultation to discuss your options when facing charges of reckless endangerment, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles criminal matters throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Assault and Battery in Maryland

Understanding the Difference

Assault and Battery in MarylandThe terms “assault” and “battery” get used together so often that many people believe they are one and the same thing; however, there is a distinction. While battery requires an unwanted or nonconsensual physical contact or touching of one person by another, assault does not. A person may be guilty of assault under any of the following circumstances:

  • The person attempts to make unwanted physical contact;
  • The person actually makes unwanted physical contact; or
  • The person puts someone else in reasonable apprehension of imminent, unwanted physical contact.

It’s important to understand that the contact need not result in physical injury—it must only be deemed unwanted, nonconsensual, or offensive to the victim. Also, the person alleged to have made the wrongful contact must have done so either intentionally or with a disregard for the risk of offensive contact (recklessness). Typically, contact, or the fear of contact, caused by carelessness or negligence does not constitute assault or battery.

Experienced Baltimore Assault and Battery Defense Lawyer

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has successfully protected the rights of criminal defendants in the greater Baltimore metropolitan area and across Maryland for more than three decades, including individuals facing assault and/or battery charges. AV-rated under Martindale-Hubbell’s Peer Review Rating System, attorney Smith has also been named a Top-Rated Lawyer by The American Lawyer magazine. He’s earned AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 Superb rating from AVVO as a trial lawyer.

Attorney Smith knows the potential impact of a criminal conviction and will work hard to protect your constitutional rights. He’ll verify that there was probable cause for any search and seizure and make sure you were properly notified of all your legal rights if taken into custody.

Effective Assault and Battery Defense Attorney in Prince George’s County

To schedule a confidential consultation to discuss your options if you’ve been arrested and charged with assault or battery, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles criminal matters throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101