Common questions about second degree assault in Maryland
If you’ve been charged with second-degree assault in Maryland you probably have a lot of questions and you’re also concerned about what will happen. First and foremost you should contact the Maryland second degree assault lawyer Randolph Rice to schedule a consultation and discuss your case. Second degree assault is a serious offence in Maryland and is classified as a misdemeanor.
What does second-degree assault mean in Maryland?
Under Maryland law there are three theories that the state can present and their attempt to convince you of second degree assault. Those three theories include intend to frightened, attempted battery or battery. The most common offense and theory that the state tries to prove 2nd degree assault he is under the battery definition. Second degree assault in Maryland is causing some sort of offensive physical contact to another person.
What is battery in Maryland?
Under the most common theory of second degree assault in Maryland is battery. If the state alleges that you committed a second degree assault they must prove that you caused an offensive physical contact with another person. The state must prove that you actually caused offensive physical contact or physical harm to another person. That you were intentional or Reckless in that physical contact and it was not accidental. And they must also prove that the victim did not consent to the contact or it was not legally Justified.
Attempted battery Theory under second degree assault in Maryland
If the state tries to prove that you committed a second degree assault by attempting to commit a battery then they must prove that you actually tried to cause immediate physical contact or physical harm to another person. That you intended to bring offensive physical contact or physical harm to that person. And that your actions were not consented to buy that person nor legally justified by the law.
Intend to frighten second degree of assault
The state of Maryland can also charge you with second-degree assault – intent to frighten. What that means is that you intentionally framed another person with the threat of immediate offensive physical contact or physical harm. The state must prove that you committed an act with the intent to place the victim in fear of offensive physical contact or physical harm. That you had the apparent ability at the time to bring about that physical contact or physical harm. And that the victim reasonably feared immediate physical contact or physical harm and that your actions were not legally justified under Maryland law.
Penalties for second degree assault in Maryland
Second degree assault Maryland penalties can be found in Maryland criminal code section 3 – 203. If you’re charged with second-degree assault, which is classified as a misdemeanor, you could be sentenced to jail for up to 10 years and pay a fine of up to $2,500, or both. There is an exception to this rule, if you’re charged with second-degree assault of a law enforcement officer, the maximum penalty is 10 years in jail.
Second degree assault domestic violence Maryland
One of the most common types of assault cases in Maryland involve domestic violence. Domestic violence occurs when there is a relationship between the defendant and the victim. This typically happens when the defendant and victim are married or dating or have a child in common. Although there are not enhanced penalties for second degree assault domestic violence in Maryland, the State’s Attorney’s offices in Maryland do give particular attention to cases involving domestic violence.
Second degree assault charges
If you’re facing second degree assault charges in Maryland it is advised that you contact and hire an experienced second degree assault attorney. Attorney Randolph Rice has been defending clients charged with second-degree assault since 2009. His experience in the courtroom defending individuals who’ve been wrongly charged serves as a benefit to all future clients facing second degree assault charges.
What is a second degree assault charge in Maryland?
A second degree assault charge in Maryland is an allegation that you made offensive physical contact or attempted to make offensive physical contact with another person. This often happens when a victim alleges that another individual hit, slapped, punched, or even spit on them.
What is the difference between first degree assault and second-degree assault?
Second degree assault is the offensive physical contact with another person typically with another body part or some sort of non-life-threatening object. A first degree assault contains all the elements of a second degree assault Plus the defendant used either a firearm to commit the assault or the defendant intended to cause serious physical injury in the commission of the assault.
A firearm is described as a weapon that propels a bullet, shotgun pellet, missile or projectile buy gunpowder or similar explosive. For serious physical injury to occur there must be some substantial risk of death or serious and permanent or serious and protracted disfigurement, loss of impairment of the function of any body member or organ. It is not uncommon for the state to charge first degree assault if a defendant has alleged to have choked the victim.
Maryland second degree assault lawyer
It is important to hire a knowledgeable assault defense lawyer if you’ve been charged. The law does allow certain defenses including defense of others, defense of habitation or home as well as self-defense. Self defense is a viable defense for a second degree assault charge in Maryland.
Self defense for assault charges in Maryland
Self defense is a complete defense in Maryland. However, the defendant must present for factors for self-defense in an assault case. Those include that the defendant was not the aggressor or if the defendant was the initial aggressor he did not raise the fight to the deadly force level. The defendant must actually believe that he was in immediate and imminent danger of bodily harm and that the belief was reasonable. And the defendant must use no more force than was reasonably necessary to defend himself in light of the threatened or actual harm.
Find a second degree assault defense lawyer in Maryland
An experienced criminal defense attorney can help defend your rights and protect your Freedom if you’ve been charged with assault in Maryland. If you’ve been charged with second-degree assault in Maryland, contact the Maryland criminal defense attorney Randolph Rice today for a free consultation and to discuss your case.