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What is Assault on a Police Officer in Maryland

Assault on a police officer in Maryland Assault on office Maryland

What is assault on a police officer in Maryland?

Assault on a police officer in Maryland carries with it an enhanced penalty which is different than a standard second degree assault of an individual who is not a police officer. Assault on a police officer in Maryland is classified as a felony. Whereas at a salt on a person, who is not a police officer, is classified as a misdemeanor.

Assault On A Police Officer MDBaltimore County Police Department Vehicle badge

An assault on a police officer in Md. requires the same elements as a second degree assault. An individual who commits a second degree assault can be found guilty under three separate theories. Second degree assault includes 1) intent to frighten, 2) attempted battery or 3) battery.

1) Intent to frighten

Second degree assault under the intent to frighten theory is when an individual intentionally frightens another person with the threat of immediate offensive physical contact or physical harm.

2) Attempted Battery

Second degree assault under the attempted battery theory is when an individual attempts to cause offensive physical contact or physical harm.

3) Battery Theory Under The Second Degree Assault Law in Maryland

Under the battery theory of second degree assault in Maryland and individual could be convicted if he or she causes offensive physical contact to another person.

Second Degree Assault on a Police Officer MarylandPolice traffic stop in Anne Arundel County Maryland

To be charged and convicted of second-degree assault on a police officer in Maryland the state must prove one of the three theories above. In addition, the state must also prove that the assault was caused to a law enforcement officer engage in the performance of that officer’s official duties.

A parole or probation agent engage 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 engage moving emergency medical care or Rescue Services.

In addition, the state must also prove that physical injury occurred which means any impairment of physical condition, but that includes minor injuries to the law-enforcement officer.

Second Degree Assault on a Police Officer Statute and Law

The law and penalty for second degree assault on a police officer in Maryland is found in Maryland Criminal Law 3-203: Assault in the second degree. It is contained within subsection (C) and the penalty is contained within subsection (3).

Penalty for assault on a police officer Maryland

If you are convicted of second-degree assault on a police officer in Maryland, you could be facing up to 10 years in jail or a fine not exceeding $5,000, or both. In addition, second degree assault on a police officer is classified as a felony. A standard second degree assault on a person who is not a law enforcement officer is classified as a misdemeanor and the penalty is 10 years in jail or a fine not exceeding $2,500, or both.

Assault in Police Office Defense Attorney Randolph Rice

Baltimore City police car

Assault on a police officer Maryland defense attorney enter attorney Randolph Rice is a Maryland assault lawyer, who has been representing clients in Maryland that have been charged with assault on a police officer. Mr. Rice has handled hundreds of assault cases and successfully defended clients when charged with assault on a police officer.

Common Assault on a Police Officer Situations

Some of the most common cases when assault on a police officer in Maryland is charged involve alcohol or drugs. In addition, it is common for an individual to be arrested and detained and during the process of arrest the individual is alleged to have assaulted the police officer.

Often times, if there are no serious injuries to the police officer, your lawyer will be successful and having the assault charges against the officer dropped. There are potential defenses which could include defense of others as well as self-defense in Maryland. If you’ve been charged with assault on an officer or law enforcement officer in Maryland, contact the law offices of Randolph rice to schedule a free consultation and discuss your case.

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