What is first degree assault in Maryland?
First degree assault in Maryland is a second degree assault with a weapon or serious physical injury to the victim. A second degree assault can be one of three things:
- Intentionally frightening another person with the threat of harm,
- Attempting to cause offensive contact with another person, or
- Causing offensive physical contact with another person that is not legally justified.
Penalty for First Degree Assault Maryland
What is the penalty for first degree assault in Baltimore?
The penalty for first degree assault in Maryland is 25 years in jail. In addition to jail time, a Circuit Court Judge may place a defendant on probation for up to 5 years. The Court can also order that the defendant have no contact with the victim in the case.
What is the fine for first degree assault in Maryland?
There is no fine for first degree assault in Maryland.
Is First Degree Assault a Misdemeanor or Felony in Maryland?
First Degree assault is classified as a felony in Maryland.
First Degree Assault Statute in Maryland
What is the statute for first degree assault in Maryland?
The statute for first degree assault in Maryland is found in the Maryland Criminal Law article 3-202, which states:
“(a) (1) A person may not intentionally cause or attempt to cause serious physical injury to another.
(2) A person may not commit an assault with a firearm, including:
(i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle, as those terms are defined in § 4-201 of this article;
(ii) an assault pistol, as defined in § 4-301 of this article;
(iii) a machine gun, as defined in § 4-401 of this article; and
(iv) a regulated firearm, as defined in § 5-101 of the Public Safety Article.
(b) A person who violates this section is guilty of the felony of assault in the first degree and on conviction is subject to imprisonment not exceeding 25 years.”
What is the minimum sentence for first degree assault in Maryland?
There is no set minimum sentence for first degree assault in Maryland. In Maryland, Judges sentence defendants. It is at the Judge’s discretion as to the sentence for first degree assault cases. A Judge can suspend a sentence or grant a defendant a probation before judgment for a 1st degree assault.
How many years can you get for first degree assault in Maryland?
In Maryland, you can get up to 25 years in jail for first degree assault.
First degree assault lawyers in Maryland
Attorney Randolph Rice is a Maryland first degree assault defense attorney. That means he defends individuals that have been charged with first degree assault in the Maryland Circuit Court. Since first degree assault is classified as a felony, those case would be heard in the Circuit Court. If you have been charged with assault in Maryland, contact the Law Offices of Randolph Rice at (410) 694-7291 to schedule a free consultation.
Are There Defenses to First Degree Assault?
Yes, there are numerous defenses to first degree assault in Maryland. Those include:
- Defense of others;
- Defense of your home;
- Entrapment; or
Will I have a Preliminary Hearing if I have been charged with First Degree Assault?
That depends on the State’s Attorney’s office. They have the option of taking your case before a grand jury and letting them decide if there is probable cause to indict your case. You may have a preliminary hearing, but you must request that hearing within 10 days of seeing the commissioner.
What happens if I am convicted of Assault – First Degree in Maryland?
If you are found guilty, either by way of a plea or after a trial, the Judge can impose a number of different sentences including:
- Probation before judgment;
- Guilty, no jail;
- Guilty, jail.
- Guilty, jail, no probation.
- Guilty, jail, probation.
In Maryland, Judge impose the sentences for criminal cases and not the juries.
If you’ve been charged with assault first degree, contact Baltimore criminal lawyer Randolph Rice at (410) 694-7291 for immediate legal help.