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Published on 9/23/2024, 3:27:00 PM

First-Degree vs. Second-Degree Assault in Maryland: What You Need to Know

Assault charges in Maryland are serious, and the state divides these charges into two categories: first-degree assault and second-degree assault. Understanding the differences between these charges can make a significant impact on your case, especially when it comes to potential penalties and defense strategies. In this article, we'll break down the distinctions between first-degree and second-degree assault in Maryland and how an experienced attorney can help you navigate these charges.

What is First-Degree Assault in Maryland?

First-degree assault is the most serious form of assault in Maryland. It involves an attempt to cause serious physical harm or injury to another person, or the use of a firearm during the commission of an assault. Maryland law defines first-degree assault under MD Criminal Law Code Section 3-202, and it is considered a felony offense.

Key Elements of First-Degree Assault:

  • Intent to cause serious physical injury: This involves actions where the defendant intends to cause significant harm, such as broken bones, head trauma, or life-threatening injuries.
  • Use of a weapon: Assault that involves the use of a firearm or any other deadly weapon automatically elevates the charge to first-degree assault.
  • Strangulation: Maryland law classifies acts of strangulation as first-degree assault due to the potential for severe injury or death.

Penalties for First-Degree Assault:

  • Felony conviction: First-degree assault is a felony in Maryland, carrying more severe penalties.
  • Prison sentence: A conviction for first-degree assault can result in up to 25 years in prison.
  • Fines and criminal record: Along with possible fines, a felony assault conviction can have long-lasting effects on your personal and professional life.

What is Second-Degree Assault in Maryland?

Second-degree assault is a less serious charge compared to first-degree assault, but it is still a serious criminal offense. Second-degree assault involves intentionally causing or attempting to cause physical harm to another person, but without the aggravating factors that would elevate it to first-degree assault. It is covered under MD Criminal Law Code Section 3-203.

Key Elements of Second-Degree Assault:

  • Intentional harmful contact: The defendant must have intended to harm or offend the victim, but the harm does not need to be as severe as in first-degree assault.
  • Lack of a deadly weapon: Second-degree assault does not involve the use of firearms or other deadly weapons.
  • Physical harm without severe injury: While injury may occur, second-degree assault typically involves less serious harm compared to first-degree assault.

Penalties for Second-Degree Assault:

  • Misdemeanor or felony conviction: In Maryland, second-degree assault is typically a misdemeanor, except in cases where the victim is a police officer or other protected person. In such cases, the charge can be elevated to a felony.
  • Prison sentence: A misdemeanor second-degree assault conviction can result in up to 10 years in prison and a fine of up to $2,500.
  • Impact on employment and record: A second-degree assault conviction, even as a misdemeanor, can appear on your criminal record and affect your future employment or housing opportunities.

Defending Against Assault Charges in Maryland

Whether you're facing first-degree or second-degree assault charges, it's important to mount a strong legal defense. An experienced criminal defense attorney can explore several defense strategies, such as:

  • Self-defense: If you acted in self-defense or to protect someone else, this could be a valid defense against assault charges. Learn more about self-defense strategies in Maryland.
  • Lack of intent: The prosecution must prove that you intended to cause harm. If there is no evidence of intent, the charges may be reduced or dismissed.
  • Mutual combat: In some cases, both parties engaged in a fight or altercation. Your attorney may argue that the incident was mutual combat and not a one-sided assault.
  • Mistaken identity: If you were wrongly identified as the perpetrator of the assault, your attorney can work to prove your innocence by gathering alibi evidence or challenging the identification process.

The Role of an Attorney in Assault Cases

Assault charges, whether first-degree or second-degree, carry serious consequences. A skilled attorney can assess the evidence, identify weaknesses in the prosecution's case, and negotiate for reduced charges or alternative sentencing options. At FrizWoods, we have successfully defended clients facing a wide range of criminal charges, including assault. We understand how to build a strong defense tailored to your specific situation.

Frequently Asked Questions

Can first-degree assault charges be reduced to second-degree assault?

Yes, in some cases, first-degree assault charges can be reduced to second-degree assault through plea negotiations or by challenging the prosecution's evidence.

What is the difference between battery and assault in Maryland?

In Maryland, assault generally covers both threats of harm and physical contact, while battery refers specifically to harmful physical contact. However, Maryland law uses "assault" to encompass both actions.

Can I be charged with assault if I didn't physically hit someone?

Yes, under Maryland law, assault can include threatening actions that place someone in fear of imminent harm, even if no physical contact occurred.

What should I do if I'm charged with assault?

If you're facing assault charges, it's important to consult with an experienced criminal defense attorney immediately. Your attorney can advise you on the best defense strategy based on the specifics of your case.

Contact FrizWoods for a Free Consultation

If you're facing first-degree or second-degree assault charges in Maryland, the experienced attorneys at FrizWoods are here to help. We understand the complexities of Maryland assault laws and will work tirelessly to protect your rights and secure the best possible outcome for your case. Contact us today for a free consultation and to discuss your defense options.