You’ve asked these question and we now have the answers in one place. Here are the most common question asked about criminal assault charges in Maryland. Answered by assault defense lawyer Randolph Rice. Mr. Rice is a former prosecutor and has defendant individuals charged with assault in Maryland since 2009.

What is Second Degree Assault?

Second degree assault is one of the two forms of assault a person can be charged with criminally in Maryland. Under Maryland Criminal Law 3-203, second degree assault is defined.

Is Second Degree Assault a Felony?

Second degree assault in Maryland is classified as a misdemeanor unless the victim is a:

  • law enforcement officer engaged in the performance of the officer’s official duties,
  • a parole or probation agent engaged in the performance of the agent’s official duties,
  • a firefighter,
  • an emergency medical technician,
  • a rescue squad member, or
  • any other first responder engaged in providing emergency medical care or rescue services

If the victim of the assault is any one of the following first responders, then second degree assault is classified as a felony in Maryland.

What is 2nd Degree Assault?

2nd degree assault is a criminal offense in Maryland. It can be charged if a person

  • Makes offensive physical contact with another person,
  • Places another in fear that they will be assaulted, or
  • Attempts to assault another person.

What to Do if Charged With Assault in Maryland

What to do if charged with assault in Maryland? The first step to take after being charged with assault in Maryland is to contact a criminal defense lawyer. Meeting with a lawyer to discuss your options may put your mind at ease. You can also learn the potential outcomes and consequences of a second degree assault conviction in Maryland. A lawyer will work with you to develop a defense and got to trial for the charges.

What is the Penalty for Second Degree Assault in Maryland?

The penalty for second degree assault in Maryland is 10 years in jail and a $2500 fine, or both.

How Much is Bail for Assault?

The bail for a second degree assault will be set by the commissioner. If the defendant has not been in trouble before, most defendants will be released on their own recognizance. However, if the defendant has a criminal record, a bail may be set or the defendant will be held until the trial. If the commission does not set a bail or denies bail, the defendant will appear the next business day before a District Court Judge for a bail reviewing hearing.