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Guide to Second Degree Assault Charges in Maryland – Maryland Criminal Defense Attorney (G. Randolph Rice, Jr.)

Guide to Second Degree Assault Charges in Maryland

Have you been charged with second degree assault in Maryland?  Contact Maryland criminal defense attorney G. Randolph Rice, Jr., with the Law Offices of G. Randolph Rice, Jr., LLC, at (410) 288-2900 for immediate legal help.  You can also contact Mr. Rice by email at RiceLawMD@gmail.com.

Law Offices of G. Randolph Rice, Jr., LLC, Call (410) 288-2900 for immediate legal help.

If you’ve been charged with 2nd degree assault in Maryland, there is no doubt that you are worried.  This is why it is so important to seek experienced legal advice and representation for your charges.   The Law Offices of G. Randolph Rice, Jr., LLC, has been representing clients charged with 2nd degree assault for years, let the knowledge of attorney Randolph Rice, go to work in your case.

Some of the most common questions we get from our clients after being charged with 2nd degree assault are:

  • Will I go to jail?
  • Will I be fired from my job?
  • What are possible outcomes in Court?
  • What is the maximum penalty if I’m convicted of second degree assault in Maryland?
  • What does the State have to prove?

These are all great questions and we have some provided a guide to what happens after you’ve been arrested and what to expect through the process. Although we have provided some examples, each case is unique and you should contact our office to schedule a free consultation to discuss your case.

Contact the Law Offices of G. Randolph Rice, Jr., LLC, at (410) 288-2900 for immediate legal help with your second degree assault charges.

Will I go to jail for second degree assault in Maryland?

This may be the most common question our clients ask; will I go to jail?  The answer depends on a number of factors including:

  • The facts of the case;
  • The injuries to the victim;
  • What happened after the police arrived;
  • What did you say to the police;
  • What did the victim tell the police;
  • What did the witnesses, if any, tell the police;
  • What is your prior criminal record;
  • What is your prior record with the victim;
  • What you do between the date of arrest and the trial date;
  • Can the State prove the case;

These are all factors that go into answering the question; will I go to jail.  Not one of these factors will guarantee jail or no jail, but they do go into the State’s recommendation to the Judge and the Judge’s decision, if you are found guilty.

Will I be fired from my job if convicted of second degree assault in Maryland?

Each employer is different and there is no way to tell what any employer will do if you are convicted of second degree assault.  Most jobs that involve security clearance are more sensitive to convictions of any type.  You would have to read your employee manual and speak with your employer or manager.

Contact the Law Offices of G. Randolph Rice, Jr., LLC, at (410) 288-2900 for immediate legal help with your second degree assault charges.

What are the possible outcomes in Court for 2nd Degree assault in Maryland?

If you go to Court, there are a number of findings or outcomes for your second degree assault charges, some of which are:

  • Nolle Prosequi – This means that charges have been dismissed by the State’s Attorney;
  • Stet – This is a preliminary motion made by the State where the case is placed on an inactive status with the Court. The Judge must agree and the Stet may carry with it conditions, including treatment and classes.  The case is inactive and does not have a future trial date.  The case can be reopened by you or the State during the first year for any reason, such as not meeting one of the conditions of the Stet, and for year two and three it can only be reopened by a showing of good cause.  After three years, the case may be expunged.
  • Not Guilty – If you have a trial before either a Judge or Jury and your are found not guilty, then the Judge or Jury has found that you are not guilty beyond a reasonable doubt and the State has not met it’s burden.
  • Probation Before Judgment – This is a finding entered by the Judge after you have been found guilty.  The Judge strikes the guilty finding and enters a probation before judgment, thereby not finding you guilty and you can say you have not been found guilty.
  • Guilty – This is where with the Judge or Jury has found, beyond a reasonable doubt, that you are guilty of second degree assault.

Contact the Law Offices of G. Randolph Rice, Jr., LLC, at (410) 288-2900 for immediate legal help with your second degree assault charges.

What is the maximum penalty, if convicted of second degree assault, in Maryland?

Second degree assault in Maryland is classified as a misdemeanor and the maximum penalty is Then (10) years in jail.

What does the State have to prove to convict me of second degree assault in Maryland?

In Maryland, the State can prove second degree assault under three different theories:

  1. Intent to Frighten;
  2. Attempted Battery; or
  3. Battery.

For the Judge or Jury to find you guilty in Maryland of second degree assault under the intent to frighten theory, the State would have to prove beyond a reasonable doubt that you intentionally frightening another person with the threat of immediate offensive physical contact or physical harm.

In order to convict the defendant of assault, the State must prove:

  1. that you committed an act with the intent to place the victim in fear of immediate offensive physical contact or physical harm;
  2. that you had the apparent ability, at that time, to bring about offensive physical contact or physical harm; and
  3. that the victim reasonably feared immediate offensive physical contact or physical harm; and
  4. that your actions were not legally justified.

For the Judge or Jury to find you guilty in Maryland of second degree assault under the attempted battery theory, the State would have to prove beyond a reasonable doubt that you attempted to cause offensive physical contact or physical harm.

In order to convict you of assault, the State must prove:

  1. that you actually tried to cause immediate offensive physical contact with or physical harm to the victim;
  2. that you intended to bring about offensive physical contact or physical harm; and
  3. that your actions were not consented to by the victim or not legally justified.

For the Judge or Jury to find you guilty in Maryland of second degree assault under the battery theory, the State would have to prove beyond a reasonable doubt that you caused offensive physical contact to another person.

In order to convict you of assault, the State must prove:

  1. that you caused offensive physical contact with or physical harm to the victim;
  2. that the contact was the result of an intentional or reckless act of you and was not accidental; and
  3. that the contact was not consented to by the victim or not legally justified.

Contact the Law Offices of G. Randolph Rice, Jr., LLC, at (410) 288-2900 for immediate legal help with your second degree assault charges.

If you’ve been charged with second degree assault in Maryland, call (410) 288-2900 to speak with attorney G. Randolph Rice, Jr.  Let his experience in the Courtroom go to work for you.

Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Baltimore, Maryland 21222

(410) 288-2900 (Available 24/7)

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