Lynching is defined as a violent act that is inflicted on another person by a mob.  A mob is described as the assembly of two or more people, without authority or color of law, with premeditated purpose and premeditated intent of committing an act of violence upon another person. First degree lynching is when death results, and carries a potential sentence of five to forty years or the death penalty. Second degree lynching is when death does not result, and carries a potential penalty of three to twenty years.

Although there was a time when very tough lynching laws were a necessity, and there are circumstances when these laws should undoubtedly be strictly enforced, today lynching in the second degree is often charged when there are only two persons accused of attacking another, such as in a barroom brawl. To convict a person of lynching, the state will have to prove premeditation beyond any reasonable doubt, and most persons who are simply involved in a fight should not be guilty of this charge. If you have been accused of a crime such as lynching, call the Frederick Defense Firm at 843-444-6122 or contact us online to find out how we can help.