What Is Aggravated Assault, and What Is It Called in Maryland?
"Aggravated assault" is the term almost everyone uses, from national news to police dramas, and it is the single most common assault question people type into Google. Here is the Maryland answer up front: Maryland law has no charge called aggravated assault. The conduct that other states label aggravated assault is charged here as first degree assault under Criminal Law Section 3-202, and in some fact patterns as the felony version of second degree assault.
If a Maryland charging document says "assault," this page tells you which charge covers the "aggravated" conduct, what the State has to prove, and what the exposure looks like.
Define Aggravated Assault: The General Meaning
Across the states that use the term, aggravated assault generally means an assault made more serious by one of a few factors:
- use of a deadly weapon;
- intent to cause, or actually causing, serious bodily injury;
- assault against a protected victim (police, firefighters, children, the elderly).
Simple assault covers everything below that line: unwanted contact, minor injury, threats of imminent harm.
Maryland's Version: First Degree Assault (CR Section 3-202)
Maryland folds the "aggravating" factors into first degree assault. Under Section 3-202, a person may not:
- intentionally cause or attempt to cause serious physical injury to another;
- commit an assault with a firearm, including a handgun, rifle, shotgun, short-barreled rifle or shotgun, assault pistol, machine gun, or regulated firearm; or
- commit an assault by intentionally strangling another. The statute defines strangling as impeding normal breathing or blood circulation by applying pressure to the throat or neck.
First degree assault is a felony carrying up to 25 years. Everything else, battery, attempted battery, and intent-to-frighten conduct, is second degree assault, a misdemeanor with a 10-year maximum.
The Translation Table
| The "aggravated assault" fact pattern | The Maryland charge | Exposure |
|---|---|---|
| Assault with a deadly weapon (firearm) | First degree assault, CR Section 3-202(b)(2) | Felony, 25 years |
| Assault causing serious bodily injury | First degree assault, CR Section 3-202(b)(1) | Felony, 25 years |
| Strangulation | First degree assault, CR Section 3-202(b)(3) | Felony, 25 years; see our strangulation page |
| Assault with a non-firearm weapon (knife, bat) causing or intending serious injury | First degree assault via the serious-injury element | Felony, 25 years |
| Assault injuring an on-duty officer or first responder | Felony second degree assault, CR Section 3-203(c) | Felony, 10 years |
| Everything below those lines ("simple assault") | Second degree assault, CR Section 3-203 | Misdemeanor, 10 years |
Two details trip people up. First, a knife or bat is not an automatic first degree assault the way a firearm is; the State must instead prove intent to cause serious physical injury, meaning injury creating substantial risk of death or causing permanent or protracted disfigurement or impairment. Second, an assault with a firearm is first degree even if nobody is hurt.
Companion Charges in "Aggravated" Cases
Weapon-based assault cases in Maryland rarely travel alone:
- Use of a firearm in a crime of violence, CR Section 4-204: a 5-year mandatory minimum, consecutive, no parole
- Wear, carry, or transport a handgun, CR Section 4-203
- Dangerous weapon charges, CR Section 4-101, for knives and other implements
- Reckless endangerment, CR Section 3-204, where intent is disputed
Defending a First Degree Assault Charge
The most common winning move in these cases is not full acquittal; it is knocking out the aggravator. If the State cannot prove serious physical injury was intended, or cannot tie a firearm to the assault, first degree drops to second degree, which changes the sentencing landscape from a 25-year felony to a misdemeanor that first offenders frequently resolve without prison. Self-defense also looms larger in first degree cases, because the same fights that produce serious injuries tend to produce self-defense evidence.
For the full defense playbook, see defending assault charges and the comparison post on first versus second degree assault.
Frequently Asked Questions
What is aggravated assault?
In general American usage, an assault elevated by a deadly weapon, serious bodily injury, or a protected victim. Maryland does not use the term; the equivalent charge is first degree assault under CR Section 3-202.
What is aggravated assault called in Maryland?
First degree assault. It covers intent to cause serious physical injury, any assault with a firearm, and strangulation, and carries up to 25 years as a felony.
Is aggravated assault a felony?
The Maryland equivalent, first degree assault, is always a felony. The felony version of second degree assault (injuring an on-duty officer or first responder) covers one additional "aggravated" scenario.
What is simple assault in Maryland?
Second degree assault: battery, attempted battery, or intentionally placing someone in fear of imminent contact. It is a misdemeanor with a 10-year maximum. See our assault penalties page for what sentences actually look like.
Charged With First Degree Assault?
The difference between the 25-year felony and the misdemeanor below it is one element, and that element is where we do our work. Contact FrizWoods for a free consultation, or start with our Maryland assault laws overview.