Criminal Defense Lawyer Blog

Published on: July 28, 2023

Can You Drive after Receiving a DUI in Maryland?

The Maryland DUI laws are constantly changing, which means they can be difficult to understand and almost overwhelming for those charged. This is especially true for first time offenders who have never been through the criminal court system. Most drivers who are arrested for DUI are released from the police station, but we are seeing more drivers booked into the local jails than ever before. Either way, once the shock of being arrested and charged wares off, the stress of what lies ahead arrives. The first thing to understand about a Maryland DUI is that each defendant is fighting two battles at the same time. The most obvious battle is the court case, where a driver can face anywhere from three to more than ten citations in the District Court of Maryland. This battle must be taken seriously, as the punishments requested by the State for drunk driving are increasing in severity. All defendants in impaired driving cases are advised to retain a lawyer for the court case, but the more time sensitive battle may actually be with the MVA. An experienced Maryland DUI lawyer can help with both the court case and the case with the MVA, but in this post we will focus solely on the immediate consequences regarding driving privileges after being charged with DUI.

The immediate consequences for a DUI arrest are much different for in-state drivers than out-of-state drivers. First of all, the police do not have authority to confiscate a person’s out-of-state driver’s license, and the home state will not likely be notified of the charge until the case is over. This means that an out-of-state driver arrested for DUI in Maryland will not have his or her license suspended until much later in the process, if ever. On the other hand, an out-of-state driver may lose his or her privilege to drive lawfully in Maryland. Out-of-state drivers who wish to stay here and drive lawfully must switch to a Maryland restricted license in order to drive legally after 45 days. The firm specializes in representing out-of-state DUI cases, and we are happy to provide a more detailed explanation over the phone or in person.

Law enforcement will confiscate the licenses of Maryland residents arrested for DUI, and in exchange will provide a temporary license in the form of carbon copy paper. This temporary license is good for 45 days, and during this time a defendant will have no driving restrictions. The 45-day period is not a time to sit around though, as a driver will have a couple of options and a limited amount of time to decide what to do. Those who refuse the breath test or who blow over a .15 will have to choose between not driving for 9 months or installing the interlock device in their car. There is no wiggle room for the interlock requirement on a refusal or a high-test result, and prevailing at an administrative hearing is difficult. The administrative law judge or ALJ does not have the authority to do anything but allow interlock provided there was a valid basis for the suspension in the first place. An ALJ may allow drivers who must use a work vehicle to drive said work vehicle without the device as long as adequate proof is provided in advance.

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Published on: July 18, 2023

Four Juveniles and Two Adults Arrested in Theft Ring

By Benjamin Herbst

Montgomery County Police recently reported the arrest of six individuals in a brazen theft scheme that involved at least eleven different stores on the Maryland side of the D.C. Metro area. Many of the incidents happened at retail stores in Bethesda, and some of the suspects appear to be connected to additional crimes in Anne Arundel County and Washington D.C. The crimes, which have been labeled as “pack thefts” by law enforcement, are hardly sophisticated and involve a strength in numbers tactic. Most of the incidents were caught on surveillance camera, but the masked thieves did not seem to care as they ransacked the stores in unison, stuffing expensive cosmetics and other items into trash bags and shopping carts. Store employees and onlookers stood by reluctant to intervene as the individuals made off with thousands of dollars of merchandise. In one of the videos released by law enforcement an onlooker was observed on the phone speaking with 911 dispatch, but law enforcement arrived after the bandits had fled the scene. According to police many of the offenses were committed using stolen vehicles that were carjacked or boosted from Washington. One of the juvenile defendants is connected with specific carjackings and armed robberies and will likely be charged as an adult. Both armed robbery and carjacking are considered violent offenses that the juvenile court does not have original jurisdiction over if the defendant is 16 or older.

Only two of the six defendants were actually adults, and the youngest of the arrested individuals was merely 13 years old. The two adult defendants appear to be siblings, and the male was held at the Montgomery County Detention Center without bail after his arrest. This individual, a 28-year-old from D.C., was arrested in mid-June after he apparently crashed a stolen vehicle. He was charged with motor vehicle theft, unauthorized removal of a motor vehicle, felony theft, conspiracy and malicious destruction of property. Police also issued the defendant numerous traffic citations including reckless driving and driving without a license. In a separate but similar case, the same individual was charged with felony theft scheme and malicious destruction of property for accusations dating back to April. The female adult defendant was arrested 5 days after her brother in Washington and was released. She also has a pending case for assault and violating a protective order in Prince George’s County. While the juvenile defendants’ charges are sealed from public view, they are likely charged with the same offenses that include theft $25,000 to $100,000. This felony offense carries up to 10 years in prison upon conviction. This also means that the conspiracy charge would carry the same 10-year maximum penalty as a common law offense. Police are alleging that the total value of items stolen in Montgomery County was $49,000, with tens of thousands more in merchandise potentially being stolen in Washington and Anne Arundel County. The investigation is still ongoing, and more charges may be in store for the individuals involved.

The Blog will continue to follow this case, and other similar theft schemes in Maryland. Police all over the state are now well aware of the rampant pack theft trend, but there does not appear to be any specific law enforcement tactic to prevent these crimes other than old fashioned police work. This means reviewing surveillance camera footage from the store and the surrounding streets, interviewing witness who may have seen identifying marks or tattoos on the suspects and performing a forensic evaluation of the scene. Now that police arrested six suspects, they may be able to further link known associates to additional crimes, and we’ll post a follow up article if that becomes the case. If you or a loved one have been charged with a crime contact Maryland theft lawyer Benjamin Herbst anytime for a free consultation. Benjamin specializes juvenile criminal defense in Maryland, and has successfully argued for the dismissal or transfer of dozens of juvenile cases including robbery, burglary, handgun possession, attempted murder, carjacking and motor vehicle theft. He handles cases in Montgomery County, Anne Arundel County, Baltimore and the entire Eastern Shore, and is available 7 days a week for a free consultation at 410-207-2598.

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Published on: July 14, 2023

Ocean City Arrests Continue to Decline

By Benjamin Herbst

New data from the Ocean City Police Department supports the contention that crime is steadily decreasing since all-time highs during the summer of 2021. According to reports recently presented to the city’s Police Commission, 487 individuals were arrested this past June compared to 519 in 2022 and 773 in 2021. Both drug and weapons arrests were down significantly to start this summer compared to the last two years, with just 59 people being arrested on weapons charges such as wear, transport or carry of a firearm and possession of a dangerous weapon. Almost double the number of defendants were arrested and charged in 2021, with 111 in June of that year. 79 people were arrested on weapons charges in 2022, which further supports the steady decline. As for drug charges, only 28 individuals were arrested for such crimes as possession not marijuana and possession with intent to distribute in Ocean City this past June compared to 78 in June of 2021.

Part of the decline could be attributed to the change in the Maryland marijuana laws, which in June of this year only permitted police to make a marijuana possession arrest if the suspect had more than 1.5 ounces. Still, there were only 15 marijuana citations issued this past June compared to 142 in 2022 and 152 in 2021. This shows that OC cops are largely ignoring simple possession of marijuana, and will now be forced to do so since legalization went into effect on July 1. Police are still permitted to issue citations for smoking in public, but only 57 were issued last month compared to 352 last year. It seems the police have been less inclined to enforce smoking in public laws due to the verbal and occasional physical disputes these citations can cause between law enforcement and the public.

Drinking in public and open container violations still carry jail time under local Ocean City law, but these cases have also gone down. The department reported issuing 299 alcohol citations this past June compared to 406 and 648 issued in the past two Junes respectively. Total local ordinance violations this June came in at 839 comparted to about 1,500 over the past two Junes. Finally, calls for domestic assaults were down to 59 last month compared to 78 and 118 the past two Junes. During a press conference at the town’s Public Safety Building next to the District Court on 65^th Street, the police chief emphasized that his officers were not decreasing enforcement, but rather the public was increasing compliance. There is no quantifiable way to test the voracity of this statement, and it certainly sounds better than the former.

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Published on: July 6, 2023

Man Attempts to Rob Gas Station with Cup

By Benjamin Herbst

This past week Anne Arundel County Police were called to a gas station in Linthicum Heights for a bizarre attempted robbery that ended with the suspect fleeing the scene empty handed. According to police a man approached a gas station clerk just before midnight on the eve of July 4^th and requested cigarettes. After requesting the smokes, the man then allegedly placed a cup on the store counter and demanded that the clerk put all the money in said cup. There was no indication that the man ever brandished or possessed an actual weapon, but the clerk apparently told police the suspect implied that he had a weapon. The brief standoff ended when another customer walked into the store, which apparently spooked the attempted robber. Reports described the suspect as being slim, of average height and sporting a blonde beard. He was wearing a hood and a camouflage hat and fled in a silver Honda with another individual.

While this attempted robbery was hardly the crime of the holiday weekend, it does raise a few relevant issues regarding the definition of robbery and armed robbery. Under Maryland law there is no separate statutory crime for attempted robbery or attempted theft as a defendant faces the full punishment even if the crime is unsuccessful. In fact, murder is one of the only charges that provides a separate statutory crime for attempt. Robbery requires the State to prove the defendant intentionally took something of value from another person through the use of force or the threat of force. A defendant does not have to take a tangible object to be charged, as obtaining services through the use of force is also considered robbery. Maryland has specific laws for six different types of robbery. The most common is standard robbery, which is a felony that carries a maximum penalty of 15 years in prison. Robbery is considered a level 4 offense according to the Maryland sentencing guidelines, which means a person with no prior record who is found guilty could still certainly avoid serving any time in jail.

Armed robbery is actually called robbery with a dangerous weapon in Maryland, and it carries a 20-year maximum penalty. Robbery with a dangerous weapon is considered a level 3 offense, which scores significantly higher on the sentencing guidelines. Juveniles 16 and over who are charged with robbery with a dangerous weapon must be charged as adults, which is not the case with standard robbery. Carjacking is also technically part of the robbery statute, and it carries a harsh 30-year maximum penalty. Armed carjacking carries the same 30-year maximum, but is considered a level 2 offense. Finally, the least common of the six is robbery by display of a written instrument claiming to be in possession of a dangerous weapon. This offense is treated like robbery with a dangerous weapon regardless of whether a weapon was recovered by police. It has a 20-year maximum penalty, and is typically seen in bank robbery cases. A defendant in any type of robbery case could also be charged with conspiracy if there was another person involved. Conspiracy makes the offense a misdemeanor, but does not change the maximum penalty.

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Published on: June 28, 2023

New Maryland Marijuana Laws Effective this Weekend

By Benjamin Herbst

Recreational marijuana use will officially become legalized in Maryland this weekend, but there are still numerous limitations on who can purchase and where it can be consumed. The most important and impactful provision of the law that becomes effective on July 1 is that adults over the age of 21 can lawfully purchase and possess marijuana. Over the last decade the state has become increasingly lenient in regards to pot possession. It began with the implementation of the medical use provision, which offered a defense to those charged with marijuana possession who were using it for medical purposes. Lawmakers then decriminalized small amounts of marijuana but kept possession over 10 grams a crime. Currently possession of anything less than 2.5 ounces is illegal, but only punishable by a civil citation. On Saturday though, an adult of age can possess up to 1.5 ounces of marijuana flower or 12 grams of concentrate and be completely within the bounds of the law. Possession of more 1.5 to 2.5 ounces of flower 12 to 20 grams of concentrate could soon trigger a a civil infraction punishable by a fine of up to $250.

Possession of larger amounts of marijuana will still be a crime in Maryland despite legalization going into effect on July 1. Specifically, possession of more than 2.5 ounces of flower or more than 20 grams of concentrate will be a criminal offense that is punishable by potential jail time. This offense will be called possession of marijuana over civil amount, and starting this weekend will be punishable by up to 6 months in jail. Despite marijuana becoming legal, 21 or older will still not be permitted to smoke cannabis in a public place in Maryland. Violation of this provision is treated as a civil infraction punishable by a fine, but certain municipalities may decide to enact code that is stricter. This would be done in a manner that is similar to what Ocean City has done with possession of an open container of alcohol or drinking in public, which actually carries up to 90 days in jail. This municipal ordinance violation allows police to make an arrest in cases where a person’s return to court is not likely. Unfortunately, Ocean City police officers have taken advantage of their ability to make arrests on open container cases in the past, and we hope they do not continue this practice with smoking cannabis violations. There is no provision about consuming marijuana edibles, so it would not be a violation to eat cannabis products in public. Impaired driving laws will not be affected by the legalization of marijuana, and we can expect law enforcement agencies will continue to train their officers on the signs drug impairment.

On July 1, adults in Maryland will also be allowed to grow up to two cannabis plants as long as there are out of public view and not accessible by unauthorized individuals under the age of 21. The limit is two per household even if there are two or more adults living in the same home. Cannabis plants can only be grown if by the property owner or with the property owner’s consent. Violation of this provision could trigger a manufacturing charge that carries up to 3 years in jail and a $5,000 fine. Selling or distributing marijuana will continue to be illegal in Maryland, and punishable by a misdemeanor that carries up to 3 years in jail. However, police will have tighter restrictions when assessing whether to charge possession with intent to distribute. Mainly, possessing 2.5 ounces or less of marijuana is presumed to not be a crime unless there is direct evidence of intent to distribute. Adults are permitted to share, gift, or transfer marijuana to one another without breaking the law under the “adult sharing” subsection. Maryland law prohibits a person under the age of 21 from possessing or using marijuana without a medical cannabis card. Cards are available for adults 18 and over, and for minors under the age of 18 with a parent or guardian’s approval. Charges for possession of a large amount (more than 50 pounds) and importation of marijuana (45 kilograms) are so far not being modified in response to legalization, and still carry a potential 5-year mandatory sentence.

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Published on: June 23, 2023

Ten Indicted after Massive Anne Arundel County Drug Bust

By Benjamin Herbst

Anne Arundel County Police recently executed the largest cocaine bust in their history, and now ten adults have been indicted in a drug conspiracy that spanned multiple jurisdictions over the past year. The investigation picked up steam last summer after multiple alleged drug traffickers were identified by law enforcement. Police observed dozens of controlled drug transactions, likely through the use of confidential informants, and were also successful in obtaining a warrant for a wiretap. This information led to the execution of search warrants in Glen Burnie, Severn and Baltimore City that yielded cocaine, heroin, fentanyl, MDMA, marijuana and 21 handguns. Two of the handguns were reported as stolen and one of the guns was a homemade ghost gun. Most of the search warrants were executed back in the Summer and Fall of 2022, but the investigation into the source of supply continued until the aforementioned cocaine bust.

Working alongside the DEA, Anne Arundel County officers turned their focus to one individual they believed was supplying the mid-level dealers. This suspect, a 42-year-old man from Glen Burnie, was allegedly importing large amounts of CDS into Maryland through his shipping business. Law enforcement ultimately learned that the suspect was hiding illegal drugs within automobiles that were shipped to the state on car carriers. Back in April police intercepted a vehicle they had probable cause to believe contained CDS, and after searching it found 17 kilograms of cocaine sewn into the seat cushions. The defendant, who is currently on probation for a drug offense, was arrested on the same day of the drug bust and charged with various felonies by way of statement of charges. The other defendants were not charged until the indictment became unsealed in June. It appears that most were issued summonses to appear in court, while the main defendant is still being held at the Anne Arundel County Detention Center.

The main defendant has been charged with a violation of the Maryland Drug Kingpin law, which provides significantly higher penalties for organizers, supervisors, financers or managers who participate in a conspiracy to manufacture, distribute or transport CDS in Maryland. This offense, criminal law section 5-613, carries a 40-year maximum penalty and a $1,000,000 fine. The real bite of the law comes in the form of a 20-year mandatory sentence that cannot be suspended. This mandatory minimum is only surpassed by the mandatory life sentence associated with first degree murder. The alleged organizer was also charged with CDS importation, which carries a maximum penalty of 25 years in prison under criminal law section 5-614 and with CDS possession of a large amount. Large amount possession still carries a 5-year mandatory sentence for those convicted of possessing more than 448 grams of cocaine, 50 pounds of marijuana, 28 grams of heroin or 5 grams of fentanyl.

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Published on: June 14, 2023

Suspected Drunk Driver Arrested in Ocean City after Hitting Fire Truck

By Benjamin Herbst

Memorial Day weekend is the unofficial beginning of summer in Maryland’s only beach town, and like clockwork arrests involving alcohol related incidents in Ocean City are already starting to hit the news wires. This past weekend a Pennsylvania woman was arrested and charged with twenty traffic violations for allegedly crashing into an Ocean City Fire Department truck and leaving the scene. The accident occurred in the downtown area around 8:30 p.m. where numerous witnesses were present. Those interviewed at the scene told police that a black sedan traveling above the speed limit pulled out in front of and hit a fire truck, and then continued traveling south on Philadelphia Ave. The fire truck, which was responding to a gas leak, stopped immediately. Police were able to locate the sedan and its driver, a 27-year-old from Lancaster, and placed her under arrest. She was released from jail on a $5,000 bond, and now will face trial in August at the Ocean City District Court.

The female driver was hit with every possible citation including multiple serious traffic matters that carry a potential jail sentence. She was charged with DUI, DWI and DUI per se, which means she submitted to the breath test and blew over the legal limit of .08. DUI and DUI per se both carry a maximum penalty of 1 year in jail, compared to DWI, which carries a maximum sentence of 60 days in jail. Other citations include negligent driving, reckless driving and failure to control speed to avoid a collision, which carry hefty fines and the possibility of points. For failing to stop immediately, the out-of-state driver was also charged with multiple additional jailable offenses including failure to remain at the scene of an accident involving property damage and failing to render reasonable assistance after an accident. The driver was also cited for making a false accident report and knowingly driving an uninsured vehicle, which surprisingly has a higher maximum penalty than hit and run cases involving property damage. Under 17.107 of the Maryland Transportation Code, knowingly driving an uninsured vehicle carries up to 1 year in jail and a $1,000 fine. A second or subsequent offense carries up to 2 years in prison.

It is common for a driver charged with DUI in Maryland to receive numerous citations, but twenty is about as high as we have seen. Some police departments such as the Maryland State Police have a habit of charging a driver with reckless driving and negligent driving in most drunk driving arrests. This is regardless of whether there was an accident. While a person may be able to pre-pay some of these companion citations, it is not advisable to do so before the case goes to trial. Paying a citation prior to court results in a guilty finding and points being assessed, when in reality the citation will likely be dismissed or nolle prossed by the State at trial. Any driver who faces a DUI charge in Maryland should be proactive and complete certain tasks before court, but paying the infractions is not one of these tasks that will help.

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Published on: June 5, 2023

Two Virginia Men Arrested in St. Mary’s County on Gun Charges

By Benjamin Herbst

Deputy Sheriffs recently arrested two Virginia men for gun possession in Saint Mary’s County. After being booked on the misdemeanor gun charges, the pair were taken before a District Court Commissioner and both were released on a $5,000 unsecured bond. This type of bondwould only become due in the event of a failure to appear in court. The arrest occurred after a traffic stop in Lexington Park that was initiated after a Deputy observed an alleged equipment violation. According to the report, the stopping Deputy immediately noticed a firearm wedged between the passenger seat and the center console upon approaching the vehicle. After the occupants were ordered out of the vehicle and detained a more thorough probable cause search was performed. Deputies recovered one .40 caliber Glock handgun with an extended magazine from the aforementioned location by the passenger seat. Another magazine was recovered in the passenger door compartment, and both the magazine and the Glock were loaded with live rounds. Police also recovered a .22 caliber handgun in a bookbag on the passenger floorboard. This gun was unloaded, but the bag also contained two .22 caliber magazines that were loaded with live ammunition.

The 32-year-old driver was charged with one count of handgun in vehicle, which carries a maximum penalty of 3 years in prison and a $2,500 fine. The driver was charged under the same Maryland law that prohibits wearing, carrying or transporting a handgun. This law, section 4-203 of the weapons crime title, also carries a 30-day mandatory sentence, but the mandatory is seldomly imposed. In order for the State to even request the mandatory sentence it must file notice on the defense at least 30 days before trial. Additionally, the judge can circumvent the mandatory sentence by granting probation before judgment, as the mandatory only applies upon conviction. The passenger of the vehicle was charged with one count of handgun in vehicle for the same firearm as the driver, and another count of loaded handgun in vehicle for the Glock that was recovered within his reach. Loaded handgun in vehicle carries the same maximum penalty as handgun in vehicle, but could result in more significant penalties for repeat offenders. In fact, a person convicted of possessing a loaded handgun after having a prior handgun conviction faces a 5-year mandatory sentence.

As a result of the passenger and driver being charged with misdemeanor offenses, it is safe to assume that they have no prior convictions for crimes of violence or felonies. With these convictions, both would have been classified as prohibited persons, and thus subject to a 5-year mandatory prison sentence under the Maryland Public Safety code. They also would likely have been held without bail by the District Court judge instead of being granted unsecured bail. This case brings up a recurring issue that the Blog has been the topic of prior posts. Maryland has some of the toughest gun laws in the region, and out-of-state residents from states such as Virginia, North Carolina and Florida often fall victim to these tough laws. For example, Virginia is an open carry state that allows drivers to transport a gun without a permit as long as they are not prohibited from possessing a gun. The firearm can be loaded, and the only requirement is that it must be placed in a container or a case such as the glove compartment or center console. The container does not have to be locked. While the two individuals arrested in Lexington Park were not in strict compliance with Virginia law because the guns were not stored in a latched container or case, they realistically may have thought their actions were legal. One would think the passenger would have made an attempt to conceal the handgun from plain view of the Deputy Sheriff if he thought he was breaking the law.

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Published on: May 25, 2023

Juvenile Auto Thefts Skyrocketing

By Benjamin Herbst

Baltimore County Police have reported a 542% increase in juvenile motor vehicle thefts this year compared to last year, with some of the offenders being as young as 12 years old. The trend is especially concerning to police because the vehicles are often used to commit other offenses such as robbery, burglary and theft and even murder. Surveillance cameras affixed to street lights, business and home doorbells are a powerful law enforcement tool to track vehicles that are involved in crimes, but if the cars are stolen these leads will often turn up empty. Hyundai and Kia vehicles from the end of the last decade have been a prime target for these thefts due to their lack of electronic immobilizers, but detectives from the auto theft task force have been adamant that almost all cars are at risk. It’s often as simple as a person leaving the keys in vehicle, as would be thieves often try to open dozens of car doors before finding an easy target. Auto theft detectives have expressed frustration over the Maryland juvenile criminal system, as young car thieves are routinely released from custody almost immediately. In their opinion this has led to a rash of repeat offenses, because there is little deterrent to continuing to commit theft crimes.

The rise in juvenile car thefts is not limited to Baltimore County, as theft and unlawful taking of a motor vehicle are common juvenile offenses all over the state of Maryland. Just last week four teenagers were arrested theft and unauthorized use of a motor vehicle in Charles County. As is the normal course of non-violent juvenile cases, the teens were set to be released to guardians, but it turned out that the guardians showed up to the police station in a stolen vehicle themselves. The guardians were dropped off at the police station without incident, and officers went looking for the car after they realized it was stolen. Upon seeing police, the driver of the vehicle panicked and allegedly almost hit one of the police officers as he was attempting to flee. Cops eventually stopped the car, and three more juveniles were located in this stolen vehicle and charged with unauthorized use. One of the juveniles was a 16-year-old with outstanding arrest warrants and another was a 13-year-old girl who was reported missing from another county.

This incident happened on the same day that 5 young adults were also arrested for motor vehicle theft in Charles County after officers patrolling in Waldorf located two stolen Hyundais in front of a business. Officers attempted to conduct a traffic stop of these vehicles but the driver fled. All five suspects were eventually arrested and charged related to this vehicle and allegedly several others. One of the defendants, a 21-year-old male from Washington D.C. was held without bail, likely due to the fact that he has another open motor vehicle theft case in Howard County and an open burglary case in Charles County. By all accounts this means there were at least 10 juveniles or young adults arrested in Charles County for auto theft related charges in a single day, so it’s no surprise the numbers are skyrocketing in Baltimore County as well.

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Published on: May 17, 2023

Salisbury Man Sentenced to 15 Years for Assault

By Benjamin Herbst

Back in February a Wicomico County jury found a 49-year-old man guilty of assault in the first and second degree and an additional count of reckless endangerment. The domestically related incident occurred last summer, but the case was not closed until a recent sentencing hearing. According to facts presented at trial the defendant and the victim began arguing while traveling in the victim’s vehicle. The argument then turned physical when the pair arrived at the victim’s residence, and at one point victim lost consciousness while being assaulted. Testimony from the victim revealed that when she regained consciousness the defendant had his hands around her neck, thus triggering first degree assault charges based on strangulation. Trial lasted two days at the Circuit Court for Wicomico County in Salisbury, and then sentencing was postponed until May after the jury announced its verdict.

Delayed sentencing hearings are commonplace in most jury trials, especially violent felony cases where a conviction typically leads to a prison sentence. The delay allows the state and defense to prepare for sentencing as well as for the judge to order a pre-sentence investigation or PSI. In this particular case the judge handed down a 15-year prison sentence on the first-degree assault charge, which carries a maximum penalty of 25 years. The other counts of assault second degree and reckless endangerment merged into the 15-year sentence. Based on the fact that first degree assault is defined as a crime of violence, the defendant will have to serve at least 7.5 years before he is eligible for parole. The defendant, who filed an appeal shortly after being sentenced, also faces an additional 3-years for a probation violation that is scheduled for sentencing in June. The defendant is on probation in Wicomico County for a second-degree assault charge from that occurred in 2018, but was resolved in 2019. Considering the defendant was given a straight 15-year sentence (no probation) on the felony assault, his probation will likely be revoked. The only thing left to determine is whether the back-up time will be concurrent or consecutive to his new sentence.

Upon first glance, 15 years in prison may seem like an overly harsh sentence for a case where there was no weapon used and seemingly no allegation of permanent injury to the victim. On the other hand, the defendant was already on probation for an assault, and has an extensive criminal history including at least three prior assault convictions. Factoring in prior probation violations and his criminal record the defendant likely qualified as a major offender under the Maryland Sentencing Guidelines. Therefore, his guidelines range for first degree assault with a minor victim injury would be 10 to 20 years of incarceration, and it looks like the judge gave him a sentence right in the middle of the guidelines. First degree assault carries a harsh sentence under Maryland law, as the guidelines ranges are significantly higher than second degree assault. The Blog may post a follow up article after this individual appears at this violation of probation hearing, and again if his appeal ends up being successful.

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