A conviction for assault in Maryland can be devastating, that’s why you should contact an Baltimore assault lawyer if charged with any degree of assault in Maryland. There are two degrees of assault in Maryland, the police or State will charge one or both degrees based on the injuries sustained or if a weapon was used in the commission of the assault.
Baltimore assault lawyer Randolph Rice is a former Assistant State’s Attorney. He is recognized by Super Lawyers, Avvo, and Lead Counsel. In addition, he has a 5 Star Google Rating.
Contact the office today at 410.288.2900 to speak with Maryland assault lawyer Randolph Rice
What is Assault in Maryland? Baltimore Assault Lawyer
Assault in Maryland is the offensive physical contact with another person. That contact may be direct an attempted contact with another person.
Assault charges can happen in various circumstances including:
- Domestic violence setting;
- Bar brawls;
- Orioles or Ravens games;
- Parking lots
- Arguments at work
- Disputes in public places;
- Disagreements between friends in private settings.
What is Second Degree Assault in Maryland?
Second degree assault in Maryland is classified as a misdemeanor unless the victim is law enforcement, then second degree assault is classified as a felony. Second degree assault can be proven by the State under one or more of the following theories:
- Intent to Frighten
- Attempted Battery
Intent to Frighten
To be convicted of assault second degree – intent to frighten, the State must prove:
- that the defendant committed an act with the intent to place a person in fear of immediate offensive physical contact or physical harm;
- that the defendant had the apparent ability, at that time, to bring about offensive physical contact or physical harm; and
- that (name) reasonably feared immediate offensive physical contact or physical harm; and
- that the defendant’s actions were not legally justified.
To be convicted of assault second degree – attempted battery the State must prove:
- that the defendant actually tried to cause immediate offensive physical contact with or physical harm to;
- that the defendant intended to bring about offensive physical contact or physical harm; and
- that the defendant’s actions were not consented to by the victim or not legally justified.
To be convicted of assault second degree – battery, the State must prove:
- that the defendant caused offensive physical contact with or physical harm to the person assaulted;
- that the contact was the result of an intentional or reckless act of the defendant and was not accidental; and
- that the contact was not consented to by the victim or not legally justified.
What is First Degree Assault in Maryland?
First degree assault in Maryland is a second degree assault and the individual charged used a firearm to commit the assault or the defendant intended to cause serious physical injury during the assault.
To be convicted of first degree assault in Maryland, the State must prove:
The State must prove all of the elements of second degree assault and also must prove that:
- the defendant used a firearm to commit assault; or
- the defendant intended to cause serious physical injury in the commission of the assault.
A firearm is a weapon that propels a bullet, shotgun pellets, a missile, a projectile by gunpowder or a similar explosive.
Serious physical injury means injury that
- creates a substantial risk of death; or
- causes serious and permanent or serious and protracted [disfigurement] [loss or impairment of the function of any bodily member or organ].
Penalty for Assault in Maryland
What is the penalty for Second Degree Assault?
Assault not a law enforcement officer
A person convicted of second degree assault in Maryland is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.
Assault on a law enforcement officer
A person convicted of assault on 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, or a firefighter, an emergency medical technician, a rescue squad member, or any other first responder engaged in providing emergency medical care or rescue services is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.
What is the penalty for First Degree Assault?
A person convicted of assault in the first degree is subject to imprisonment not exceeding 25 years.
What are defenses for Assault in Maryland?
There are various defenses to assault in Maryland. Those include:
- Defense of others;
- The Defense of habitation – Deadly force;
- Defense of property; or
An experienced Baltimore assault lawyer can assert any one of these defenses in your case.
Maryland Assault Laws
Maryland assault laws are contained in the Maryland Criminal Law Code:
Baltimore Assault Lawyer Randolph Rice
Baltimore Assault lawyer Randolph Rice has defended thousands of clients charged with various forms of assault in Maryland. If you have been charged with assault, contact his office at 410.288.2900 or 1-800-470-RICE as soon as possible to schedule a free consultation.