If a person is suffering from a paranoid delusion and believes some one took their property and snatched at said property. are they legally responsible for assault?
Answer
2nd degree assault requires no specific intent so technically the answer is yes. But this is the perfect reason to get a lawyer, because there are ways to avoid a conviction.
Answer
If there is proof beyond a reasonable doubt that the assault happened, then the person is either guilty or might be found not criminally responsible. However, the "NCR" finding would probably result in commitment to the Department of Health and Mental Hygiene, which would be reviewed annually. If DHMH finds that the person is a danger to himself or others, then the commitment continues to be reviewed each year indefinitely. A DHMH commitment can be a life sentence to a mental hospital.
Assault 2 carries ten years maximum. The sentence might be probation, if the defendant has no record and the person who was assaulted was not seriously injured.
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