Legal Question in Criminal Law in Maryland

if a person has been asaulted.and the person is being charged in the 2nd degee.the person,on the defendant side,was standing about 3 feet away.and this person was telling the defendent what to do,provoking it the whole time,shouldnt that person be charged with a crime?i think so,but i just cant think of the my op[inion,the defendant,possisbley would not have comitted the crime if it wasnt for this person ,instigating it. can and should this person be charged and what would the charge be???thank you and i hope this question is free,thank you.

Asked on 9/12/09, 6:39 pm

2 Answers from Attorneys

Jason Cleckner Law Office of Jason Cleckner, LLC

There is no crime for "provoking someone else to commit a crime," but if you are saying that they made actual threats and made movements to attack the Defendant, then you may have a self-defense argument.

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Answered on 9/17/09, 7:32 pm
William Welch William L. Welch, III Attorney


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Answered on 9/17/09, 10:05 pm

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