Being charged with assault can put your future at risk in an instant, because prosecutors take violent crime allegations seriously, and courts act quickly once a case is filed. Many people facing these charges have never been arrested before, yet suddenly they find themselves facing potential jail time and the fear of having a permanent record. If you are currently facing assault charges in Maryland, contact the knowledgeable and skilled Prince George’s County criminal defense lawyers at Miller Berman for a free consultation today.
Assault As Defined Under Maryland Law
Maryland’s assault laws are found in Criminal Law §3-201 and §3-202 through §3-207, and the statute uses the term “assault” to cover several types of conduct. At its core, assault includes acts that involve intentionally causing physical harm to another person or placing someone in reasonable fear of imminent physical harm. This can involve minor altercations, serious acts of violence, or even threats that never result in physical contact.
There are two primary types of assault in Maryland, and they are:
- First-Degree Assault: This involves intentionally causing or attempting to cause serious physical injury to another person. It also involves an assault committed with a firearm. “Serious physical injury” means an injury that creates a substantial risk of death or causes permanent or protracted disfigurement, loss of function, or impairment.
- Second-Degree Assault: This form of assault includes offensive physical contact, attempts to cause physical injury, or conduct that puts someone in fear of immediate harm. Many charges arise from situations where one person alleges they were pushed, slapped, grabbed, or threatened. It can apply in circumstances ranging from domestic disputes to altercations in public places.
Importantly, Maryland also designates specific forms of assault that apply in circumstances involving special victims or aggravating factors. These include assault on law enforcement officers, probation agents, firefighters, and other protected personnel. There are also enhanced penalties for assaults that occur in correctional facilities or against vulnerable individuals who cannot protect themselves.
Penalties for Assault Charges in Maryland
The consequences of an assault conviction can be quite severe. Some of the potential penalties you may face are as follows:
- First-Degree Assault: Up to 25 years of incarceration
- Second-Degree Assault: Up to 10 years of incarceration and a $2,500 fine.
- Second-Degree Assault on a Law Enforcement Officer or Other Protected Employee: Up to 10 years of incarceration and a $5,000 fine.
- Assault in a Correctional Facility: Up to 10 years of incarceration.
- Reckless Endangerment: Although charged separately, it often accompanies assault allegations. Up to five years of incarceration and a $5,000 fine.
- Use of a Firearm in a Violent Crime: This may be charged in conjunction with first-degree assault if a firearm was used or displayed. A mandatory minimum sentence of five years without the possibility of parole and up to 20 years total.
- Attempted Assault in the First or Second Degree: Attempts can carry penalties similar to the underlying offense, which is why even cases without physical injury must be taken seriously.
How Our Lawyers Can Defend You Against Assault Charges
Some of the most common and effective defenses against assault charges that our lawyers may use for your case are as follows:
- Self Defense: Evidence may show you used reasonable force to protect yourself from imminent harm.
- Defense of Others: Maryland law permits the use of reasonable force to protect someone else from being harmed.
- Lack of Intent: Assault requires intent. Demonstrating that your actions were accidental or misinterpreted can undermine the prosecution’s case.
- False Accusations: Witnesses may exaggerate events, misunderstand what happened, or identify the wrong person.
- Insufficient Evidence: The state must prove every element beyond a reasonable doubt. If the evidence is vague, conflicting or speculative, the charges may not stand.
- Mutual Combat: When both parties willingly participated in a physical fight, prosecutors may have difficulty establishing the elements of assault.
Contact Our Maryland Assault Defense Lawyers
Ultimately, if you have been charged with assault, it’s best to speak with a knowledgeable team of criminal defense lawyers as soon as possible. Miller Berman stands ready to protect your rights and fight for your future. Contact us for a free initial consultation today.
