Maryland Man Acquitted of Attempted Murder Due to “Involuntary Intoxication”

criminal

A Carroll County man has been found “not criminally responsible” for the attempted murder of his wife after his attorneys argued that he’d been taking Chantix, a prescription medication to help him stop smoking. The man’s attorneys told the court that the pharmaceutical product had caused the defendant to have “a chemical imbalance.” Prosecutors did not challenge that assertion and instead allowed the man to plead guilty to a reduced charge.

One of the requirements to be convicted of a crime is that you must have had “mens rea,” or a guilty mind. If you are incapable of understanding that your actions are criminal, for any reason, you are considered to lack the capacity to commit a crime. With the Carroll County man, the court essentially ruled that he did not know what he was doing at the time and could not be held criminally responsible.

Top-Rated Violent Crimes Defense Attorney in Maryland

For more than 30 years, attorney Jonathan Scott Smith has successfully protected the rights of people facing criminal prosecution in Maryland. He takes a comprehensive approach to criminal defense, carefully gathering and evaluating the facts of your case. He’ll confirm that police followed proper procedures, so that your constitutional rights were protected.

Attorney Smith has earned a solid reputation with clients and colleagues, including recognition as a Maryland Super Lawyer, as well as an AV-rating under Martindale-Hubbell’s Peer Review Rating System (the top rating possible). Honored as a 2012 Top Rated Lawyer by The American Lawyer Magazine, he has also received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He also holds a 10.0 Superb rating as a litigation attorney from AVVO.

Experienced Ellicott City, MD, Criminal Defense Attorney

To learn how we can help protect your rights in a criminal matter, contact our office by e-mail or call 410-740-0101 to schedule an appointment. We defend people throughout Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Burglary Charges Filed Against Two Suspects

Burglary of Howard County Home Alleged
Burglary charges were filed against two men on Thursday, March 14, 2013, alleging that they committed a burglary of an Ellicott City home located in the 3700 block of Ligon Drive, reported The Baltimore Sun.

Christopher Michael Kelly of Columbia, and Luther Danny Davidson of West Friendship, were arrested by Howard County Police and charged with burglary, after the car they occupied was seen in the driveway of an Ellicott City home. A police search discovered evidence of the burglary, including stolen items, burglary tools, and a handgun.

What is Burglary in the First Degree in Maryland?

Under Maryland law,  a person may not break and enter the dwelling of another with the intent to commit theft or a crime of violence. This is the definition of first degree burglary. The penalty for first degree burglary is imprisonment not exceeding 20 years.

What is Second Degree Burglary in Maryland?

There are two different violations that constitute second degree burglary. First, a person may not break and enter the storehouse of another with the intent to commit theft, a crime of violence, or arson in the second degree. If he does, he is guilty of a felony and the penalty is imprisonment not exceeding 15 years. Second,  a person may not break and enter the storehouse of another with the intent to steal, take, or carry away a firearm. This also is a felony, and the penalty is imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both.

Highly Rated Criminal Defense Attorney Howard County, MD

Attorney Jonathan Scott Smith brings more than three decades of trial experience to criminal defendants in and around Howard County, Maryland. He has built an outstanding reputation with clients and colleagues. Mr. Smith’s extensive trial experience — and track record of successful results — has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • Selected for “Top Attorneys in Maryland.”
  • 10.0 Superb” as a litigation attorney by AVVO.
  • AV-Preeminent™*” Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • 2013 Top Rated Lawyer by The American Lawyer magazine and Martindale-Hubbell.

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Attorney Smith handles a wide range of criminal matters including theft offenses, burglary, robbery and possession of stolen property.

Criminal Defense Lawyer Burglary Charges

If you are under investigation for burglary, or have been arrested and charged with burglary charges, attorney Jonathan Scott Smith will fight for you and aggressively protect your constitutional rights.

Contact Us

Call our office at 410-740-0101, or contact us online, to schedule an appointment. We represent people accused of burglary and other crimes throughout Maryland, including Howard County, Anne Arundel County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County.

Burglary Charges filed Against Man in Ellicott City Burglaries

Burglary Cases in Ellicott City Cause Police to Detain Suspect
Burglary charges were filed against 23-year-old Cornelius Antonio McRae, a Baltimore resident, in January, reported The Baltimore Sun. Howard County police arrested and charged McRae with multiple counts of burglary, assault and theft. Police identified him as a burglary suspect through records obtained from pawn shops in the area.

Howard County Police believe that most of the thefts occurred while the victims were sleeping and that McRae entered the homes through unlocked doors. The items stolen in the various burglaries, mostly occurring in December, 2012, were similar — credit cards, money, wallets, purses and electronic devices, including laptops.

Burglary Charges Filed Against Baltimore Man

Once police considered McRae a burglary suspect, they learned through the course of their investigation that he had been seen driving a stolen 2013 Honda. On-duty officers observed the unoccupied Honda in Columbia on January 6, near the location of a burglary that had just occurred. As they watched the vehicle, McRae walked up to it with a stolen purse in hand. Police approached McRae and he fled. Officers located him in a nearby dumpster with stolen items in his possession.

McRae has been charged with four counts of first-degree burglary, third-degree burglary and fourth-degree burglary, as well as theft and second-degree assault (he resisted arrest and injured a police officer in the process). He is currently being held on $300,000 bond in Howard County.

Burglary Statistics

FBI statistics reveal that there are approximately 2.1 million burglaries in the United States annually. About 75% of those are residential burglaries. Burglaries account for one quarter of all property crimes. There were 1,393 burglaries in Howard County in 2010, according to the Howard County Police Department.

What is Burglary in the First Degree in Maryland?

Under Maryland law,  a person may not break and enter the dwelling of another with the intent to commit theft or a crime of violence. This is the definition of first degree burglary. The penalty for first degree burglary is imprisonment not exceeding 20 years.

What is Second Degree Burglary in Maryland?

There are two different violations that constitute second degree burglary. First, a person may not break and enter the storehouse of another with the intent to commit theft, a crime of violence, or arson in the second degree. If he does, he is guilty of a felony and the penalty is imprisonment not exceeding 15 years. Second,  a person may not break and enter the storehouse of another with the intent to steal, take, or carry away a firearm. This also is a felony, and the penalty is imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both.

Highly Rated Criminal Defense Attorney in Maryland

Attorney Jonathan Scott Smith brings more than three decades of trial experience to criminal defendants in and around Howard County, Maryland. He has built an outstanding reputation with clients and colleagues. Mr. Smith’s extensive trial experience — and track record of successful results — has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • 10.0 Superb” as a litigation attorney by AVVO.
  • AV-Preeminent™*” Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • 2012 Top Rated Lawyer by The American Lawyer magazine and Martindale-Hubbell.

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Attorney Smith handles a wide range of criminal matters including theft offenses, such as burglary, robbery and possession of stolen property.

Criminal Defense Lawyer Howard County, MD

If you are under investigation or have been arrested and charged with a crime, attorney Jonathan Scott Smith will aggressively protect your constitutional rights. Call our office at 410-740-0101, or contact us online, to schedule an appointment. We represent people accused of burglary and other crimes throughout Maryland, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County.

 

 

 

Police Assault Case Causes Police Response to Editorial

Assault on Students at University of Maryland after Basketball

Police assault on students generated a post on the Prince George’s County Police Department (PGPD) blog, in which the police chief characterized a Washington Post editorial as “exaggerated and misleading.”

On March 3, 2010, Prince George’s County police officers were videotaped beating Maryland student John McKenna with batons as McKenna and others celebrated a University of Maryland basketball victory over Duke University. PGPD conducted an investigation and two officers were indicted on first- and second-degree assault charges, as well as misconduct in office offenses. One officer was convicted and served a 30-day home detention sentence. The other officer was acquitted.

Editorial Criticizes Police Handling of Student Assault Case

In its response to the Washington Post editorial, which asserted that police “got away with” beating McKenna, Chief of Police Mark A. Magaw stated on the blog that:

  • What happened to McKenna was wrong.
  • The involved officers were identified, indicted and prosecuted.
  • The PGPD has taken “unprecedented steps” to improve discipline and training oversight.
  • The PGPD has completely overhauled the strategy and training to handle civil disturbances.
  • The PGPD is working in conjunction with the University of Maryland to ensure that “the mistakes of the past” are not repeated.

What is the Definition of Assault?

Maryland separates assault in two degrees: first degree assault, which is a felony; and second degree assault, which is a misdemeanor. Assault in the second degree happens when one person physically injures another. The injuries can be minor or cause physical injury, but not serious or permanent injury.

Second-degree assault also includes causing a reasonable person to fear imminent physical harm. This means that even if you did not physically touch another person but you caused them to have a reasonable fear of being hurt by you, you could potentially be charged with assault.

Battery, which is also considered an assault crime, means unlawfully, offensively touching another person without his or her agreement. In most situations, however, assault does refer to a fight or disagreement that has turned physically violent.

Top-Rated Criminal Defense Attorney Howard County, MD

A Maryland Super Lawyer, attorney Jonathan Scott Smith brings more than 30 years of trial experience to criminal defendants in Maryland. He has built an outstanding reputation with clients and colleagues.

Mr. Smith’s extensive trial experience in assault and other criminal cases — and track record of successful results — has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • 10.0 Superb” as a litigation attorney by AVVO.
  • AV-Preeminent™*” Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • 2012 Top Rated Lawyer by The American Lawyer magazine and Martindale-Hubbell.

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Ellicott City, Maryland, Criminal Defense Lawyer

When you need top-ranked criminal defense counsel for assault charges, attorney Jonathan Scott Smith will aggressively fight to protect your constitutional rights. Call our office at 410-740-0101, or contact us online, to schedule an appointment. We represent criminal defendants in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, Anne Arundel County and Montgomery County in Maryland.

 

Man Charged with High School Assault 2

Student Allegedly Assaulted

Howard County Police charged a Baltimore man with coming onto Long Reach High School in Columbia and assaulting a student. He was charged with second degree assault and disorderly conduct. An onlooker videotaped the incident and posted the video online.

What is Assault?

Under Maryland law, a second degree assault (also known as assault 2) occurs when someone places the victim in reasonable fear of an imminent harmful or offensive touching, and the actor has the present apparent ability to carry out the threat. Assault also includes the consummated act of battery, which is an intentional harmful or offensive touching. Domestic assault and domestic violence assault are two examples of assault.

Penalties for Assault

Second degree assault is a misdemeanor. If convicted, the court may impose a sentence up to 10 years imprisonment, a $10,000.00 fine, or both.

Ellicott City and Columbia Assault Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience, including assault cases. Attorney Smith has handled thousands of assault and other criminal cases in the local courts. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in assault and other criminal cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense attorneys in Howard County.

Attorney Jonathan Scott Smith represents clients in assault and other criminal defense matters, DUI / DWI, MVA Hearings, traffic offensesdomestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Contact Us

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

 

Student Not Guilty of Possession of Drugs and Deadly Weapons

Drug Possession and Deadly Weapons

A 21-year old student was stopped by a Howard County for a cracked windshield. After being stopped, the driver was asked repeatedly whether he had anything illegal in the car. The police officer stated that the student might as well be honest, because the officer was going to search the car anyway.

Car Search Results in Marijuana and Deadly Weapons

The student then admitted having a marijuana pipe. The police officer ordered the driver out of the car, placed him under arrest, and searched the car, seizing marijuana, drug paraphernalia, and a hatchet and several knives (deadly weapons). The student, however, was found not guilty of all charges in the District Court for Howard County.

Most deadly weapon and drug possession charges result in plea bargains. But someone charged with possession of drugs and deadly weapon charges should have an experienced criminal lawyer or drug possession attorney defend them.

Driver Not Guilty of Drug Possession and Deadly Weapon Charges

In this case, Jonathan Scott Smith, an experienced Columbia criminal lawyer, represented the student. He refused a plea bargain offer and took the case to trial. On cross examination, the police officer admitted that the student had not committed any moving violations. The officer could not describe the location or size of the alleged windshield crack, and never issued a repair order for such a violation. The judge agreed that the police officer lacked legal cause to stop the car, and suppressed all evidence, including the marijuana, drug paraphernalia, and deadly weapons. Absent this evidence, the student was found not guilty of all charges.

Top Rated Howard County Drug Possession Attorney

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including numerous deadly weapon and drug possession charges. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Mr. Smith’s extensive trial experience — and track record of successful results in drug possession and deadly weapon charges, and other cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

Contact Our Office

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in criminal defense matters, DUI / DWI, MVA Hearings, traffic offensesdomestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

 

Woman Cleared in Hit and Run Accident

A 54-year old woman with a high security clearance was charged with a hit and run accident after allegedly striking a pedestrian in a grocery store parking lot. The complainant claimed that she was struck and knocked down by the driver’s car, which then fled the scene.

What is Hit and Run

What is a hit and run accident? Hit and run in Maryland occurs when a driver is involved in a bodily injury accident, and then fails to remain at, or return to, the scene to render aid, and provide identifying and insurance information.

Hit and Run Penalties

Hit and run penalties are very severe. If convicted, the court can impose up to one year in jail, and a $1,000.00 fine. In addition, the driver could receive 12 points — basis for revocation of a driver’s license.

In this case, the prosecution sought jail time based on the seriousness of the alleged hit and run accident. Columbia criminal lawyer and hit and run attorney Jonathan Scott Smith represented the accused hit and run driver, rejected all plea bargain offers, and took the case to trial.

The evidence showed that the pedestrian denied any injury to paramedics who arrived at the hit and run scene. Also, an examination failed to reveal any injury whatsoever. Maryland law not only requires proof of bodily injury, but that the alleged hit and run driver knew there was an injury. The accused was found not guilty of all charges after a hotly contested trial in the District Court for Howard County.

Howard County Hit and Run Attorney

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of criminal law experience. He has represented people charged in and around Howard County, including Ellicott City and Columbia, Maryland, who have been charged with a hit and run accident.

Top Rated Ellicott City Criminal Lawyer

Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Mr. Smith’s extensive trial experience — and track record of successful results in criminal cases, including hit and run accidents— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense and hit and run attorneys in Columbia, Ellicott City, and Howard County.

To schedule a meeting, contact our office by e-mail or call us at 410-740-0101.

Contact Our Office

For an appointment, contact us by e-mail or call us at 410-740-0101. Put an experienced Maryland hit and run defense attorney to work for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in hit and run accidents, criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George’s and Prince George) County, Howard County and Montgomery County, MD.

Types of Hate Crimes

hate-crime

A hate crime is a crime against a person or group that is motivated by the victim’s racial, religious, ethnic or gender group. For a criminal act to be a hate crime, it must meet any of the following criteria:

  • During the crime, racial, religious or ethnic statements are made
  • Hate group symbols are displayed
  • Motivation for the crime is to intimidate, harm or injure a particular group or organization
  • The victim perceives it to be a hate crime
    • Federal law covers hate crimes under civil rights statutes and provides for more severe sentencing on convictions if the defendant selected the victim because of:

      • Race
      • Color
      • Religion
      • National origin
      • Ethnicity
      • Gender
      • Disability
      • Sexual orientation

      In Maryland, it is against the law to:

      • Vandalize any religious property
      • Interfere by force or threat with anyone’s exercise of their religious beliefs
      • Damage or destroy anyone’s property because of their race or beliefs
      • Harass or commit a crime against any person because of their race, color, religious beliefs or national origin

      And the state of Maryland, like the federal government, includes more severe sentencing when a person is convicted of a hate crime.

      When you need a strong defense, contact a Howard County criminal defense attorney

      The very nature of a hate crime arouses enormous public outrage and media speculation. Unfortunately for the defendant in a hate crimes case, the negative publicity and public opinion can make it difficult to receive a fair trial. Merely being accused of such a crime can ruin your reputation, endanger your job and even splinter your family. And the need for an experienced Maryland criminal defense attorney is vital.

      If you have been accused of a hate crime contact Jonathan Scott Smith online or call 410-740-0101 to discuss your case with an attorney who fight aggressively for you.

Driver Accused of Road Rage Assault Found Not Guilty

Road Rage Incidents Between Cars and Bicycles

Drivers often have disagreements on the road,  and sometimes this results in accusations of road rage assault. Drivers and bicyclists can have difficulty sharing the road. Under Maryland law bicyclists are subject to the same responsibilities and “rules of the road” as drivers of motor vehicles. Sometimes drivers are falsely accused of road rage offenses, including use of a motor vehicle to commit an assault or reckless driving. That’s when it’s important to know that every  person accused of any criminal or traffic violation has the right to be represented by an experienced lawyer, and the right to a trial.

Driver Found Not Guilty of Assaulting Bicyclist

In a recent case, a car driver was charged with Second Degree Assault and Reckless Driving in the District Court for Howard County, based on a claim of road rage assault. A bicyclist accused the driver of exchanging words from a traffic dispute, and then abrupty swerving onto the shoulder and slamming on his brakes in front of the bicycle, causing it to collide with the back of the car. The bicyclist was thrown from his bike, and sustained injuries.

Columbia criminal defense lawyer Jonathan Scott Smith aggressively defended the car driver. The prosecutor asked the driver to plead guilty to Second Degree Assault and serve 30 days in jail for road rage assault. Mr. Smith strongly urged the client to reject the plea offer and fight the case at trial. When the plea offer was rejected, the prosecutor retaliated and stated she would request 6 months in jail if the driver was convicted.

The case went to trial in the District Court for Howard County, located in Ellicott City, Maryland. Mr. Smith vigorously cross examined the bicyclist, who reluctantly admitted that he had yelled at the car driver and gave the driver the “middle finger.” Mr. Smith also played a 911 recording, confirming that the accused had called 911 to obtain assistance for the bicyclist, who was heard in the background engaging in a tirade of obscenities toward the driver. Mr. Smith used photographs of the road and forced the bicyclist to admit that he in fact was violating the traffic laws.

The car driver was found not guilty of Second Degree Assault and Reckless Driving.

Howard County, Columbia and Ellicott City Criminal Lawyer

Dealing with criminal charges, including accusations of road rage assault, can be daunting and emotionally stressful. And regardless of the circumstances of your case, you have a right to legal counsel and representation. Further, an arrest or accusation does not mean you will be found guilty.

Mr. Smith’s extensive trial experience — and track record of successful results in road rage, assault, and other criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

You need an experienced and skilled criminal defense attorney who understands the legal process and can mount an effective defense. Contact us online or call us at 410-740-0101 to schedule a consultation to discuss your case.

ADDRESS :

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

  • Call for consultation 410-740-0101