Blog

Second Degree Assault Maryland – Maryland Assault Defense Lawyer G. Randolph Rice, Jr.

Second Degree Assault Maryland

Do you need a lawyer for second degree assault in Maryland?  Call attorney G. Randolph Rice Jr., at 410-288-2900 to schedule a free consultation.  You can also click here to email the office directly.

Q: What are the second degree assault Maryland penalties?

A: If you are convicted of second degree assault in Maryland, the maximum penalty is 10 years in jail and $2500 fine or both.

Q: Is second degree assault Maryland a felony?

A: No second degree assault in not a felony in Maryland.

Q: Is second degree assault Maryland a misdemeanor?

A: Second degree assault in Maryland is classified as a misdemeanor.

Q: What is second degree assault Maryland definition?

A: There are three theories in Maryland (intent to frighten, attempted battery, and battery) under which the State can proceed under:

  • Intent to Frighten: Assault is 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 the defendant committed an act with the intent to place the victim in fear of immediate offensive physical contact or physical harm;
    2. that the defendant had the apparent ability, at that time, to bring about offensive physical contact or physical harm; and
    3. that victim reasonably feared immediate offensive physical contact or physical harm; and that the defendant’s actions were not legally justified.
  • Attempted Battery: Assault is an attempt to cause offensive physical contact or physical harm. In order to convict the defendant of assault, the State must prove:
    1. that the defendant actually tried to cause immediate offensive physical contact with or physical harm to the victim;
    2. that the defendant intended to bring about offensive physical contact or physical harm; and
    3. that the defendant’s actions were not consented to by the victim or not legally justified.
  • Battery: Assault is causing offensive physical contact to another person. In order to convict the defendant of assault, the State must prove:
    1. that the defendant 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 the defendant and was not accidental; and
    3. that the contact was not consented to by the victim or not legally justified.

Q: Will I received jail time for second degree assault in Maryland?

A: That all depends on the facts of the case as well as:

  • What does the victim want;
  • What does the State’s Attorney choose to prosecute;
  • Which Judge you are before;
  • Your criminal and traffic record;
  • Was alcohol or drugs involved;
  • Other factors to be considered by the Judge.

Q: Who should I call if charged with second degree assault in Maryland?

A: Call attorney Randolph Rice at 410-288-2900 to schedule a free consultation.

 

Leave a Reply

Your email address will not be published. Required fields are marked *

c