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Published on 11/24/2025, 12:23:00 PM

Assaulting a Police Officer in Maryland: What you could be charged with

Charges for Assaulting a Police Officer in Maryland

When a situation with law enforcement escalates, an assault on an officer charge can follow fast. These cases move quickly, the facts are messy, and video or body-cam footage often drives outcomes. Here�s what to know and how to protect yourself.

What charges could I get?

Maryland has several forms of assault that you could be charged for assaulting a cop including:

  1. Felony first degree assault
  2. Felony Assault on law enforcement
  3. Misdemeanor Second Degree Assault

What makes them different?

Felony first degree assault is charged when the assault involves a firearm, strangulation, or the intent to cause serious bodily injury. All other assaults are Second Degree Assaults

Second Degree Assault can be proven three ways:

  • A battery, or a harmful or offensive physical contact to another person. This action must be intentional, not a mistake. Causing physical harm, bodily harm, or physical injury to another would satisfy this requirement.

  • An attempted battery, or trying to cause a harmful or offensive physical contact with another person.

  • An assault with the intent to frighten another with a threat of physical contact. Think of making a person flinch.

Felony Assault on law enforcement is a second degree assault with a battery where the victim is a "law enforcement officer" and receives a physical injury.

Who is an "Officer" under the law

Law enforcement officers are defined within the Assault Statute and the Public Safety Article.

A short list includes:

  • All Police Officers including Maryland State Police and Municipal Police Departments
  • Correctional Officers
  • Any Sheriff's
  • Department of Natural Resources Officers
  • MDTA Police
  • WMATA Metro Transit Police
  • Maryland Department of Health Police
  • Maryland Capitol Police (Department of General Services)
  • University Police (Maryland, Morgan State, Johns Hopkins, etc.)
  • Office of the State Fire Marshal
  • Alcohol and Tobacco Field Enforcement

Common charging patterns

  • Assault counts paired with resisting or interfering allegations
  • Cases built around brief moments on body-cam footage
  • Injuries to officers and hospital records
  • Additional charges from the same event, like resisting arrest

Potential penalties and collateral issues

Outcomes depend on the charges, facts, the extent of injury, and history.

First Degree Assault carries up to twenty five (25) years of incarceration. Both Felony Assault on a Law Enforcement Officer and Second Degree Assault carry the same 10 year maximum penalty.

A conviction can affect work, licensure, or security clearance. These cases are often defendable with the right record and a clear narrative.

Defenses that may apply

Every case is different, but common themes include:

  • Identification issues and camera angles that do not show contact clearly
  • Lack of intent, including reflexive movement during a chaotic arrest
  • Lawfulness of the stop or arrest that led to the encounter
  • Self-defense in specific circumstances supported by video or witness statements
  • Inconsistent officer reports compared to footage or independent witnesses

Learn more: Self-defense in Maryland

What to do after an arrest

  • Do not discuss facts with anyone but your lawyer
  • Preserve evidence fast, including names of witnesses and any personal video
  • Avoid social media posts about the incident
  • Get a consultation to map the path forward, including motions and mitigation

Connect with a lawyer: Maryland criminal defense lawyer

FAQs

  • Is assault on an officer a felony or a misdemeanor
    It depends on how the case is charged and what the facts show. Injury, intent, and the specific charges can change exposure.

  • What if there is no injury
    Lack of injury can reduce exposure to a felony assault on a law enforcement officer, but contact and intent still matter.

  • What happens at the first court date
    Your first court date might be a bail hearing, a preliminary hearing, or a trial. It all depends on how your charges were brought and if you were taken to jail at the time of your arrest.

  • Can body-cam help my case
    Often, yes. Body-cam can confirm your version of events or reveal inconsistencies that support dismissal or reduction.

Talk with a Maryland criminal defense lawyer

If you are facing an assault on an officer charge, timing is critical. Get clear advice, preserve records, and plan your defense today.