Assault is an attempted touching of another person without that person’s consent and includes the act of placing someone in fear of a purposeful touching. Assault can be charged in either the first or second degree, depending on the circumstances. First-degree assault charges are always more severe than second-degree assault charges; however, when second-degree assault is committed on a police officer or other law enforcement officer, the penalties are more severe than in other cases of second-degree assault. Misdemeanor assault cases are generally heard at the district court in the county where you are charged.
Most cases that end up being charged as an assault is the result of a verbal argument that becomes a physical fight that involves some degree of violence. Just being charged with assault does not mean the person is guilty. Often, assault cases in Maryland gets dismissed as a result of self-defense or mutual combat or fight.
In Maryland, second-degree assault is defined as harmful or offensive, unconsented to, contact. An assault can be charged even if there was no physical contact, but rather someone was placed in fear of a harmful or offensive, unconsented to, contact. If the person believes that the object is going to hit them and ducks out of the way that is technically an assault. Maryland assault charges are sometimes the result of a random unprovoked attack, but most frequently, this type of charge comes after a disagreement or altercation.
You may be charged with the most serious assault offenses in Maryland if you are accused of:
- Intentionally causing severe physical injury to another
- Attempting to cause severe physical injury to another
- Committing an assault with a firearm
- Serious physical injury includes those injuries that cause a risk of death or permanent damage
First-degree assault in Maryland is classified as a felony and punishable by up to 25 years in the state prison. The penalty for second-degree assault is a maximum of 10 years in prison and a $2,500 fine. If the victim of the assault was an on-duty police officer, the crime is elevated to a felony. The maximum judgment is still 10 years, but the fine increases to $5,000.
Second-degree assault in Maryland also includes the possibility that the accused made someone fearful of harm. Whether you are the victim of first-degree assault or second-degree assault, your next step is to secure legal demonstration. Look for an attorney who is experienced with assault and battery cases in Maryland. For those accused of first or second-degree assault, it is just as important to have experienced legal representation in court.
A Maryland assault lawyer from our firm will look at the evidence against you, which is usually obtained by talking to a witness. You need the best legal advice from a top notch Maryland criminal defense lawyer who will do his best to help you.
In Maryland, if you need the help of first or second degree assault lawyer in Maryland in Montgomery County, Charles County (Waldorf), Rockville, Bethesda, Baltimore County, City of Baltimore, Anne Arundel County (Annapolis), Howard County, Ellicott City or Frederick, do not hesitate to call us for a consultation.
If you wish to consult an SRIS Law Group, P.C. first degree or second degree assault attorney in Maryland, call us at 855-696-3348. B