Criminal Defense Lawyer Blog
The Frederick Police Department recently announced the arrest of a 20-year-old man in connection with a shooting at a local fast-food restaurant. According to the department’s press release the suspect and a female began fighting inside the restaurant when another male attempted to intervene to break up the fight. The suspect then shot the man multiple times, and he ended up succumbing to his injuries while still on scene. The cause of death was ruled a homicide, and police filed charges for 1st and 2nd degree murder, as well as assault and various firearms charges later that night. An arrest warrant was issued soon thereafter and police ultimately located and arrested the suspect. Police are still gathering information, and the investigation is still considered active. This means other suspects could potentially be charged in connection with the shooting, and/or the presence of the firearm. The 20-year-old now faces a maximum penalty of life in prison for his actions, and could potentially face life in prison without the possibility of parole if the State elects to pursue this enhanced punishment. Under Maryland law anyone convicted of first-degree murder faces a mandatory sentence of life in prison. There is also a 5-year mandatory prison sentence for anyone convicted of firearm use in a crime of violence, which is another charge the defendant is facing.
The defendant was brought before a District Court judge the day after his arrest, and as expected was denied bail or pre-trial release. He has a preliminary hearing scheduled for the end of January, but the charges will almost certainly be filed in the Circuit Court for Frederick County before the preliminary takes place. Based on a records check the defendant does not appear to have any prior adult criminal record in Maryland. Juvenile cases are sealed from public view, so it is unclear whether the defendant has a history of violence or weapon possession. As of this year, cases involving juveniles who are charged in adult court are also sealed from public view, though their case files may be available to view at the Clerk’s office. Anyone over the age of 16 who is accused of a crime of violence such as robbery, attempted murder or first-degree assault will be charged as an adult in Maryland, as the juvenile courts do not have original jurisdiction over these cases. Firearm offenses committed by juveniles 16 and over also must be tried in adult court pending a transfer request.
The Blog will continue to follow this tragic story and may post a follow up article in the future. Frederick County has a relatively low rate of violent crime and especially homicide. Over the past decade the murder rate has fluctuated between 1 and 5 per 100,000 of the population, which is typically on par with neighboring Montgomery County, but substantially lower than Prince George’s County, Baltimore County and of course Baltimore City. Montgomery County recently recorded its highest number of murders ever, as a 35th case was recorded shortly before the year’s end. If you or a loved one has been charged or is being investigated for murder, attempted murder, assault and any type of firearm offense call Maryland gun lawyer Benjamin Herbst anytime for a free consultation. Benjamin specializes in offenses such as assault in the first degree, manslaughter, attempted murder and use of a firearm in a crime of violence. He has defended clients in every jurisdiction in the state of Maryland including Frederick, Montgomery County and Baltimore. He is also an experienced Eastern Shore criminal lawyer who has successfully defended clients in Wicomico, Worchester, Talbot and Dorchester Counties. Call Benjamin anytime for a free consultation at 410-207-2598.
Resources:
Frederick man arrested…, wtop.com.