Chestertown Assault Lawyer

We realize the seriousness of any assault or domestic violence charge. Archey Law will make sure your side is heard and help you navigate the legal process.

What makes Archey Law different from other assault lawyers on the Eastern Shore?

Unlike some other Chestertown assault lawyers, we’ve earned a reputation with local prosecutors. With many cases, I can call them up and explain the situation and they’re willing to listen. We also talk to the victim and make sure to talk to individuals present at the time of the assault. This helps us to get the full picture and present it to the judge or jury.

Most other lawyers become jaded from being in practice so long, but I see every case and situation for what it is. Even though I’ve been a prosecutor on the other side, I don’t look down on people for their mistakes. I see every charge as a lesson for my client to learn from and hopefully, to never revisit that sort of behavior.

As a Chestertown assault lawyer, how many cases have you defended?

I’ve defended well over a thousand cases, with more than half of them in Chestertown. I’ve handled assaults all over the Eastern Shore; Baltimore City, Ann Arundel, Queen Anne’s, Cecil, Worcester, Tallbot, and Dorchester Counties, to name a few.

Are there any resources specific to Chestertown that people charged with assault might need?

We typically recommend resources such as anger management courses or domestic violence training for those charged with assault.

 Frequently Asked Questions for a Chestertown Assault Lawyer

What kinds or levels of assault charges are there?

In Maryland there are two degrees of assault. The lesser of the two is second degree assault. This is where you’ve put somebody in fear of imminent harm or had some sort of offensive contact with them. First degree assault is when you’ve caused serious injury, and is a much more grave charge. This could involve threatening or harming someone with a firearm or weapon or putting them in fear.

Oftentimes, what constitutes as second degree bleeds over into first degree assault; although it doesn’t go in the opposite direction. A first degree assault charge or felony can result in incarceration and a significant amount of jail time. That’s why it’s so important to have an attorney on your side, to help you through that legal situation.

At Archey Law we handle most types of assault cases, however, if we don’t take your case we will work with you to find the right attorney for your situation.

What's the typical process for someone who's charged with an assault?

Most assault cases occur between two people who know each other. They typically follow the pattern of some sort of verbal altercation turned into a physical altercation.

Usually, when the police officers are called to a situation like that, they will take somebody into custody and remove them from the premises. That is to prevent the altercation from going any further and to prevent the assault from escalating.

The person that’s been removed will generally be taken to a district court commissioner, where they will assess whether they’re a danger to the community or a flight risk. At that point, they’ll either be held in the detention center until they can get a bail review from a district court judge or be released and given the charging documents on the spot.

If an argument happens and a physical altercation ensues, a person can also go to the commissioner themselves later on and take out their own charges. At that point, you’ll either be served by a law enforcement officer or receive a letter to come to the commissioner’s office to get served. You’ll have to go through their review to determine whether you’re a danger to the community or a flight risk and a bond will be assessed, if need be. A lot of times, in these cases, there are cross charges that go back and forth.

More often than not, this is their first run-in with the law. Assault is not typically a repeat crime, unless people are in some type of toxic relationship, where they just can’t stay away from each other.

Once they’ve cooled down, many people decide they might not want to go through with the assault charges, but it’s the state’s prerogative whether or not to move forward. This is where an experienced Chestertown assault lawyer can come in. We can address the state’s attorney directly and figure out their position on the case.

Oftentimes, if there were mutual combatants in the assault (and no single aggressor can be identified), we can talk to the prosecutor and see if everyone can take a mutual fifth (using their fifth amendment right not to incriminate themselves). In this case, the case can’t proceed.

A lot of people don’t understand what assault is, because it can be anything that is harmful, offensive, or puts another person in imminent fear for their safety. Since Maryland law is quite broad, not every assault that’s claimed is truly an assault under the law.

What are the consequences likely to be for an assault in Chestertown?

First degree assault is a felony and carries up to 25 years in jail. Having a felony or first degree assault on your record is very damaging to your professional career, especially your public standing. In the United States, you lose a lot of rights when you become a felon, namely, your freedom & the right to vote. A felony can also negatively affect any citizenship issues you may have.

For second degree assault charges, the penalties include up to 10 years in jail and maximum incarceration, as well as a possible fine of $2500.00. These charges will be reflected on your record and can carry a stigma, since people often look down on those charged and convicted of assault crimes.

A first or second degree assault can be a life-changing event, especially if you own any firearms. If you are released, pretrial releases may require you to surrender them to a law enforcement agency. If you’re convicted, you may never be able to obtain a license or own a firearm ever again.

As an experienced Chestertown assault lawyer, we’re familiar with all types of assault cases. We know the system & can actively navigate you through it.

What is reckless endangerment?

In Maryland, there is no third degree assault, but rather, reckless endangerment.

Not as grave as the first two degrees of assault, reckless endangerment occurs when you cause, or could have potentially caused, harm to someone, either in a reckless or malicious manner. This charge carries five years maximum in incarceration. Despite common misconceptions, reckless behavior behind the wheel of a car does not qualify as reckless endangerment.

About Archey Law

Just because you’re charged, doesn’t mean you’re a criminal.

Each of us can find ourselves in a situation with the law. Do we want to be viewed as a criminal? Of course not.

Just because you’ve been charged with a DUI, BUI, traffic violation, assault charge, drug charge, or any other kind of criminal offense does NOT mean YOU are a criminal.

Each day as an attorney I’ve reflected on the reality that any person could find themselves charged with a crime they never thought they would commit.

Helping good people in their darkest hour - this is why I practice law.


What is a DUI?

In Maryland, there are two different types of alcohol driving offenses.

The first is the 21902A statute, known as a DUI (driving under the influence of alcohol). Within that one statue, there are several variations:

1. A DUI per se, happens when you get pulled over and fail to pass the test(s). When this happens, you go back to the barracks to give a breath alcohol concentration test or submit a breath alcohol concentration sample, yielding a result of over the legal limit: 0.08. This is what’s called per se, because the test stands on its own, showing you were intoxicated to that level. That is the highest level DUI offense we have in Maryland. The penalty is a year in jail and a thousand dollar fine for the first offense.

2. The next is a general DUI, when you’ve been pulled over for driving erratically. In this case, you have failed the field sobriety tests miserably and potentially didn’t give a breath sample at the barracks. The police can take the totality of these circumstances and present them to the court. The court may find that you were intoxicated enough to meet the higher level of a 21902A DUI.

The second is the general 21902B, commonly known as a DWI (driving while impaired). This is often more difficult for the state to prove and typically carries less penalty: 60 days in jail and a $500 fine.

With a DWI, you were mostly likely pulled over, did marginally on the roadside field sobriety test, and did not submit a breath sample at the barracks after being taken into custody. When the prosecutor presents their case, they rely strictly on the roadside test to show that you were impaired to some degree. It’s not a high burden to meet, but the state can prove their case beyond reasonable doubt using those words, sight tests, police officer’s statements, experience, testing credentials, and such.

What are the consequences of a DUI?

For a DUI, the consequence is a year in jail and a $1000 fine, for the first offense. If you’re a subsequent offender, penalties can vary from two to three years in jail, depending on your number of prior offenses.

A DWI carries a standard 60 days in jail and a $500 fine.

If you are convicted of these offenses, we always mitigate for probation, or something significantly less than the maximum fine.

What sets you apart from other BUI attorneys?

As a boater and fisherman, I understand BUI cases better than most attorneys. I speak the language and have had extensive experience working with the Department of Natural Resources police. As a result, I’ve prosecuted countless BUI cases in the Eastern shore.

Why choose Archey Law for hunting and fishing cases?

I’m both a hunter and a boater and have had experience prosecuting all types of hunting and fishing cases. Having lived in MD my whole life, I’m a local. Unlike just any attorney, I’m familiar with the areas, prosecutors, and the Department of Natural Resources Police.

What makes us different

Legal Expertise

At Archey Law, we fight for you. With a legal expert on your side, gain confidence as we find the best possible outcome for your case.

Direct Communication

When you contact, you won’t be passed along the chain. Speak directly to your lawyer, every time. Call, text, or email and we’ll respond within 24 hours.

Track Record of Success

Having worked in both prosecution and defense, we know the law from each side. We help you navigate the law and achieve the best possible results.

Local Attorney

Get unparalleled advantage in the local, legal area. Our founder, Yves Archey, has lived on the eastern shore his whole life. He is intimately familiar with the local geography and legal culture, giving you the best possible defense.

How it works:

Text, Call, or Email Us

Send us a message in whatever way that’s most convenient. You will receive a response from us within 24 hours.

Schedule a Consultation

We will schedule a time to meet or connect for a call. During this consultation, we’ll learn more about the details of your case and give you legal counsel.

Get a Plan

We will give you a plan to achieve the best possible outcome in your case.

202 Tamarack Rd
Chestertown, MD 21620

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