Maryland Criminal Code Assault Anne Arundel
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Ruther v. State
Facts:
Defendants were convicted in separate circuit court proceedings of first degree assault. The Court of Special Appeals of Maryland affirmed the convictions. Certiorari was granted and the cases were consolidated. One defendant contended that his first degree assault conviction was to be mitigated to a second degree assault conviction based on the doctrine of imperfect self-defense. The other defendant similarly argued that her conviction for first degree assault was to be mitigated to second degree assault based on hot-blooded response to adequate provocation. The State of Maryland countered that the availability of the mitigation defenses was not expanded beyond assault with intent to murder. The state high court found that the mitigation defense of hot-blooded response to adequate provocation as well as the common law doctrine of imperfect self-defense could be applied to mitigate the crime of first degree assault where an assault could supply the malice necessary for felony-murder if the victim died.
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Holdings:
The Maryland Court made the following holding:
- By statutory enactment the Maryland General Assembly has repealed the common law crimes of assault and battery. While the general principle is recognized that statutes are not presumed to repeal the common law, this principle does not apply where there is a conflict between a statute and the common law, or where the statute deals with an entire subject-matter.
- First degree assault may be committed either by causing or attempting to cause serious physical injury or by use of a firearm.
We have client meeting locations in Montgomery County (Rockville) & Baltimore, Maryland.
Contact our law firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to help you.
We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.
Courts we cover in Anne Arundel, Maryland
Anne Arundel County Circuit Court
P.O. Box 71,
7 Church Circle,
Annapolis, MD 21401
Anne Arundel County District Court
Robert F. Sweeney Building,
251 Rowe Boulevard,
Annapolis, MD 21401.
Article written by A Sris
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Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.