Support Creation of a lesser "3rd Degree Assault" SB873

As your constituent, I write to ask you to give a favorable report to SB 873 –  on a simple bill that both could reduce unnecessary incarceration and could make our criminal system more just. 

SB 873 would carve out a new, lesser offense called “third degree assault” from the more general, more serious offense of “second degree assault.” Why would this change be useful to Marylanders?

Currently, second degree carries a possible penalty of up to 10 years incarceration. It includes any kind of physical contact or threat of such contact from a mere slap in the face to use of a weapon that might cause permanent scars. Under Maryland’s sentencing guidelines, it carries a fairly weighty score of “V.”

The new, third degree offense–applicable to the least serious actions–would carry a top penalty of just 90 days. The Sentencing Guidelines commission clearly would rate the new minor offense as a “VII,” with the result of lesser recommended sentences.

The new, lesser offense also, appropriately, would be presumptively heard in the District Court with less serious offenses. It would create a category of offenses which would be eligible for expungement within 5 years after successfully completing any sentence and probation.
 
For all these reasons, as your constituent I ask that you give a favorable report to  SB873– a good and simple bill to make our criminal justice system less harsh towards those involved in only less serious assaults!

Support Creation of a lesser "3rd Degree Assault" SB873