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Assault

With my effective legal assistance, Maryland assault charges can often be resolved in a way that preserves your freedom and your good name. There are many defenses available, and alternatives to conviction can frequently be negotiated, including getting the charges dropped entirely. I also can often expose lies or inconsistencies in the accuser’s testimony, which I can use to convince a prosecutor to drop the charges, or to help a judge or jury reach a favorable verdict.

Assault charges are often dealt with internally by prosecutors as two sorts of offenses, even though the law is the same. An assault by a girlfriend, boyfriend, or other romantic interest is often considered a domestic violence case, which is handled by a separate department in the prosecutor’s office in many larger counties. Domestic violence assault cases and other assault cases can require somewhat different approaches.

Assault is one of the acts that can be the basis for a peace order or protective order. The peace order or protective order case and the criminal assault case both need to be handled with a unified legal strategy that will help you get the best results in both cases.

Unfortunately, people make false reports of assault or domestic violence for all sorts of reasons, including to cover up their own misdeeds. It is not unusual for the true perpetrator to be the accuser in these cases. I have extracted many people from these situations, and I can help you too.

Bail and Pretrial Release in Assault Cases

Assault cases and arrest warrants for assault can both have important issues involving pretrial release, and restrictions on bond that I can help you with. I can also sometimes intercede and prevent charges from being filed in the first place. The warrants in these cases are often secret, but I can examine them on your behalf. The accuser also sometimes will actively try to get your bond revoked using trickery or outright falsehoods. I protect you from these problems.

If you think you may be charged with assault, call me immediately at (301) 556‑8709, because many important decisions in these cases need to be made immediately.

Elements of Assault

Maryland assault charges encompass using or attempting to use physical force on another person, and threatening the immediate use physical force on another person. There are three different categories of punishment for assault, depending on the circumstances of the crime, and who the crime was committed against.

Maximum Penalties For Assault

  • Assault, Second Degree: misdemeanor, 10 years and $2,500
  • Assault, Second Degree, causing physical injury on a law enforcement officer: felony, 10 years and $5,000
  • Assault, First Degree: felony, 25 years

Second Degree Assault

There are two kinds of Second Degree Assault: misdemeanor Second Degree Assault and felony Second Degree Assault. Either type of Second Degree Assault may be punished by up to 10 years of imprisonment.

Misdemeanor Second Degree Assault can be thought of as basic assault. While every assault can be charged as a misdemeanor Second Degree Assault, the presence of various aggravating factors may elevate misdemeanor second degree assault to one of the more serious crimes of felony Second Degree Assault, or First Degree Assault. A misdemeanor Second Degree Assault carries a maximum sentence of 10 years and $2,500 dollars.

The more serious form of Second Degree Assault, felony Second Degree Assault, requires intentionally causing physical injury to someone that you know or have reason to know is a law enforcement officer, a parole officer, or a probation agent performing their official duties. Felony Second Degree Assault carries a maximum sentence of ten years and $5,000 dollars.

Your charging document may abbreviate second degree assault as “CR 3-203 Assault-Sec Degree.”

First Degree Assault

First Degree Assault is the most serious of the three, and is a felony punishable by up to 25 years imprisonment and a fine of $5,000. For an assault to become a First Degree Assault, there must be particular aggravating factors present. Any assault committed with a firearm is a first degree assault. An assault with the intention of causing a physical injury that creates a substantial risk of death is a First Degree Assault. An assault with the intention of causing a physical injury that produces protracted serious disfigurement, or protracted serious impairment of the function of any bodily member or organ is also a First Degree Assault. First degree assault will likely be written on your charging document as “CR 3-202 Assault-First Degree”.

The crimes of “assault”, “battery”, and “assault and battery” are now all assaults in Maryland due to a recent change in the law. Assault and battery used to be separate crimes in Maryland, and they are still separate crimes in some states. Assault is also frequently charged along with the separate offenses of possession of a deadly weapon with intent to injure, and/or the lesser crime of reckless endangerment.

If you are charged with assault, it is particularly important that you contact me as soon as possible, preferably before assault charges have been filed. I can sometimes prevent assault charges from being filed against you at all, and when they have been filed I can often get them dismissed.  Even if the state does proceed, there is often witness testimony relating to the alleged victim or other important evidence that must be gathered in advance of trial.

In each case, I create a comprehensive strategy that covers every aspect of the proceeding. If you have been charged with assault or reckless endangerment, or if you think that you may be charged in the future, call (301) 556‑8709 today so that we can get to work on your case.