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My friend and I got into a fight and the police charged us

both with second degree assault...
My friend and I got into a fight and the police charged us both with second degree assault. We made up since then and both have clean records. What are the chances of us going to jail for this. We both feel bad about it.
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Answered in 1 minute by:
7/17/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am very sorry about this unfortunate situation.

Alex Esquire :

So both you and your friend were charged with felony second degree assault?

Alex Esquire :

How bad were the injuries?

Customer:

Not too bad. A few bruises.

Alex Esquire :

How long ago you were both arrested and charged with this serious felony crime?

Customer:

Neither were arrested. And it was this past Sunday

Alex Esquire :

How were you charged with this felony without being arrested?

Customer:

That's what we don't understand. They didn't even tell us they were going to charge us

Alex Esquire :

Well, how did you find our you were charged?

Alex Esquire :

find out*

Alex Esquire :

?

Customer:

We looked it up on our state judicial system and our names were on there but we haven't been served yet.

Customer:

It has a court date already too and the name of the officer who filed it

Alex Esquire :

Well, unfortunately, it is likely that an arrest warrant has been issued for both of you and this is a very serious felony charge, that can subject you to up to 10 years in prison and a fine of up to $2,500 upon conviction.

Alex Esquire :

Unfortunately, it is likely that it is only a matter of time since DA decided to charge you and your friend with this serious felony crime, before police shows up at both of you and your friend's door in order to execute an arrest warrant and take both of you to jail to be processed.

Alex Esquire :

So the time is of real essence here.

Alex Esquire :

It is extremely important for both you and your friend to contact an experienced local criminal defense attorney right away.

Alex Esquire :

Since you fought each other, you would have to consult different attorney and it is extremely important that you DO NOT communicate with each other, until you retain an attorney and unless your local attorney permits communication with your friend.

Alex Esquire :

I cannot stress enough, how serious of a situation it is.

Customer:

My friend went to the courthouse and asked and there isn't a warrant out for our arrest. They just said make sure you come to the court date.

Alex Esquire :

It takes time for an arrest warrant to be issued.

Alex Esquire :

Also, keep in mind that your friend, is really not your friend when it comes to the criminal case, but rather a victim and a cross defendant and he might not be telling you the truth!

Customer:

Well why didn't they arrest us then

Alex Esquire :

Because, in many cases police collect the facts and evidence and then present it to the DA and DA makes a decision whether to file criminal charges.

Alex Esquire :

I am sorry to deliver this tough news to you, but you are entitled to know the reality and to understand the seriousness of this situation and that conviction on this criminal charge can potentially result in up to 10 years in prison in most extreme case.

Customer:

What's a extreme case. I have no criminal record

Alex Esquire :

Also, under the Maryland law, there is no Statute of Limitation when it comes for the DA bringing criminal assault case, so in some cases charges for an assault can be brought years after it happened.

Alex Esquire :

Generally, if the defendant does not have any prior criminal history and the injuries were not major, such defendant would only be looking at 1-3 years in prison upon conviction on assault 2 and in some cases if the attorney is able to negotiate a plea deal, even several years of probation and a fine, without any prison time.

Alex Esquire :

Do you have any related follow up questions?

Customer:

What if I can't afford an attorney

Alex Esquire :

If you cannot afford a private attorney, you will be able to apply for a free or low cost service of a public defender

Alex Esquire :

Does this make sense?

Customer:

Yes

Alex Esquire :

Do you have any related follow up questions?


Customer:

I guess not

Alex Esquire :

Once again I am sorry that you are in this situation, but the situation has to be taken very serious and needs to be addressed and unfortunately it might be against your interest to communicate with your friend or to rely on anything your friend is telling you.

Alex Esquire :

I wish you the best of luck. Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
Alex J. Esq. and 87 other Criminal Law Specialists are ready to help you
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
16,723 Satisfied Customers
Experience: Experienced Licensed Attorney / Criminal Law Mentor

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