Maryland Criminal & Immigration Lawyer Blog
A criminal trial includes many elements. An error by the court in any one of these can make the difference between a fair trial and injustice, between conviction and acquittal. Ensuring you get justice means safeguarding your rights at each of these steps. The best way to ensure that your rights are protected throughout your criminal trial is to retain the services of an experienced Maryland criminal defense lawyer.
A felony assault case from Montgomery County shows how even a seemingly subtle error can make all the difference.
The accused, W.L., was on trial following an altercation with another man outside the other man’s Takoma Park home. The other man received multiple knife wounds following a shouting match between the men. The state charged the suspect with first-degree assault.
At the trial, the judge instructed the jury on first-degree assault. Second-degree assault means “causing offensive physical contact with another person.” First-degree assault requires the same proof as second-degree assault, plus “at least one of the statutory aggravating factors” listed in § 3-202(b). That list includes “(1) intentionally causing or attempting to cause serious physical injury to another; (2) using a firearm to assault another; and (3) assaulting another by intentional strangulation.”
Undisputedly, the accused did not try to strangle the victim and did not utilize a firearm. The only way W.L. could be guilty of first-degree assault was if he “intentionally” caused or tried to cause “serious physical injury” to the victim.
An Intentional Conduct Crime and a Jury Instruction About Recklessness
The first-degree assault instruction W.L.’s jury received, however, said that the state’s burden included proving that “the contact was the result of an intentional or reckless act of the defendant and was not accidental.” The judge also later instructed the jury that “reckless act means conduct that under all circumstances shows a conscious disregard of the consequences to other people and is a gross departure from the standard of conduct that a law-abiding person would observe.”
Defense counsel objected to the recklessness language, but the judge gave the instruction anyway. After the jury convicted the defendant, the court sentenced W.L. to 25 years with 10 years suspended.
The state admitted the instruction was erroneous at the man’s appeal hearing. A layperson might think this would resolve the legal dispute, but it does not. To get that conviction reversed, a person convicted of a crime must persuade the appeals court that an error occurred and the mistake was not legally “harmless.”
The appeals court concluded that the mistake was not harmless, which meant W.L. was entitled to a new trial. As the court explained, the “jury was told via element two that the State must prove that the contact resulted from an intentional or reckless act of the appellant, and was given a detailed instruction about what recklessness means.” Even though the instructions stated the correct standard later on, the inclusion of recklessness and its definition meant that the instructions, taken as a whole, were “ambiguous, misleading, or confusing,” which the Maryland Supreme Court has said requires reversal and a new trial.
A final procedural note: although the man’s trial counsel lost their motion about the instruction, lodging that objection was crucial. Had the attorney not objected, the argument that triggered the reversal and W.L.’s new trial might have been cast aside as having been “pot preserved” for appellate review. This shows that, even if your immediate outcome is unsuccessful, the actions of a skillful defense lawyer can lay the foundation for a successful appeal later.
If you are a suspect in a crime or a defendant in a criminal case, you need legal counsel who can fully protect your rights. At Anthony A. Fatemi, LLC, our knowledgeable Maryland criminal defense attorneys pride themselves on providing clients with representation that is personalized, powerful, and effective. Contact us today at 301-519-2801 or via our online form to set up your consultation to learn more about how we can help you.