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Assault

With my effective legal assistance, 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. 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.

Maryland assault charges encompass using 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.

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.

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 charges have been filed. Quick action can make a big difference in whether or not the state decides to prosecute your case. Even if the state does proceed, there is often witness testimony relating to the alleged victim or other important evidence that must be subpoenaed 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.