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Second-degree assault is one of the most commonly charged offenses in Maryland. Almost any confrontation that turns physical without resulting in serious bodily harm can be charged as second-degree assault. Domestic violence scenarios are the most common types of second-second degree assault cases our attorneys handle.

• But, we do see a fair number of bar brawls and neighbor disputes that turn ugly and end with someone, if not everyone, getting charged with assault in the second-degree,
• Our team has experience with the full spectrum of second-degree assault cases, ranging from arguments between strangers to run-ins with police officers.

Baltimore assault defense lawyer Randolph Rice breaks down a number of laws and facts about second-degree assault that you may not know.

How serious is 2nd degree assault in Maryland?

Second Degree Assault Second degree assault is a Maryland crime that encompasses the common law offenses that used to be charged as “assault,” “battery,” and “assault and battery.” Although assault in the second degree is a misdemeanor, it carries hefty penalties of up to 10 years of incarceration and/or a fine of up to $2,500.

One can be found guilty of this crime in a variety of ways: intending and causing offensive physical contact with another person (i.e., punching another person); attempting to cause offensive physical contact on another person although not succeeding (i.e., taking a swing and missing); and intentionally placing someone in fear of immediate physical harm.

The commission of a second degree assault can be serious and technical. For example, someone who is cut off by another driver might get out of his car and repeatedly punch the other driver in the face resulting in relatively serious injuries. Such an offender may be at risk for serving a significant period of incarceration.

Or an employer who is frustrated with an employee who is always late and disrespectful to customers might grab the employee by the arm and yell, “You need to get your act together.” Although the employee suffered no harm, technically, the employer committed an offensive physical touching of the employee.

The employer might not be at risk for jail time, but the employer may not want to risk getting a conviction that could adversely affect his or her career and reputation in the community. One common mistake that we see, probably because of scenarios depicted in movies, television shows, and sporting events, is the erroneous belief that if someone assaults you, you get to assault that person in back.

For example, a pitcher intentionally hits a batter with a pitch; the batter then goes to the mound and punches the pitcher. The pitcher, technically speaking, committed an assault on the batter by intentionally hitting the batter with the pitch (if it could be proven that the pitcher intended to hit the batter).

Getting hit by the pitch does not give the batter the legal justification to go out to the mound and punch the pitcher, although many baseball fans might consider that action “part of the game.” The law of self-defense in Maryland allows the batter to use only the amount of force necessary to defend himself from further harm.

1. Thus, there was no need, for defense purposes, for the batter to charge the mound.
2. A more complicated question of self-defense may occur when the pitcher throws the next pitch at the batter).
3. For more common scenarios, it is important to remember that if you are the victim of an assault, the law allows you to use no more force than is reasonably necessary to defend yourself in light of the threatened or actual harm.

Often, our client is not the initial aggressor but the original victim who, in response to the threat, ended up inflicting serious harm on the attacker. Far too often, the person who gets charged is not the person with the malicious intent who started the fight; it is the person who was just defending himself or others but inflicted the most damage.

How an assault charge gets resolved depends on a wide variety of factors. What is the history between the parties that led to the altercation? Were they friends once, or is this a stranger on stranger event? Who is the true bad actor in the event? Did someone have racist or hateful motivations? Does the alleged “victim” have a history of similar incidents? Was the client reasonably defending himself, someone else, or his or her property? Are there any medication or mental health issues that need to be investigated and addressed on either side? Is this a situation that can be mediated without going to court? Was someone injured? If someone was injured, was it serious? Could there be a civil suit coming after the criminal charges are resolved? Might we want to file a civil suit for a false allegation and malicious prosecution? Is the prosecutor someone who is going to care about who was truly at fault, or is the prosecutor someone who is just going to prosecute the person who was charged by the police? Do we want to disclose to the prosecutor all the information we have learned about the “alleged victim” or save it for trial? Aside from the risk of jail and probation, a conviction for second degree assault can have other consequences.

For example, second degree assault is a disqualifying crime that will prohibit the defendant from possessing regulated firearms in Maryland. Also be aware that the laws regarding expungement have changed in recent years. Therefore, if you have an old conviction for assault, battery, assault and battery, or second degree assault, you may be able to get the case expunged, especially if you have had no other convictions for serious criminal or traffic matters.

Is 2nd degree assault a felony in Maryland?

Degrees of Assault in Maryland – Maryland breaks assault into first degree assault and second degree assault. A second degree assault is generally a misdemeanor, and first degree assault is generally a felony. A first-degree assault separates itself in a couple of ways from a second degree assault.

• First degree assault can be an assault on a police officer when the officer is conducting their duties.
• So if you punch your friend that’s usually a second degree assault, but if you punch a police officer who’s trying to arrest you, that’s usually going to be charged as first degree assault.
• Then, additionally weapons will bring second degree assault up to a first degree assault, so assaulting somebody with a fist is very different from assaulting them with a gun or a knife.

Finally, there is the level of bodily harm that an individual experiences. For example if the proverbial 98 lb. weakling punches somebody then that’s not going to create a risk of serious bodily harm, but if the defendant is a mixed martial arts fighter, that could turn a second degree assault into a first degree assault based on the severity of the harm inflicted.

Can you get probation for 2nd degree assault in Maryland?

Penalties for Second Degree Assault – Second degree assault carries a maximum penalty of 10 years in jail and $2500 in fines. Probation of up to three years can be ordered by the court. Whether probation is likely or not depends on the individual judge, the facts of the case and whether the judge thinks it is appropriate to place a person on unsupervised probation for any period of time.

Many times the judge’s purpose in putting somebody on probation is to put them in the community to make sure that the individual does not commit the act again. If that person does, they should expect to have consequences on the case for which they are on probation. When a judge orders them to be placed on probation, that individual might have certain conditions they need to fulfill, including community service, completion of some kind of a treatment program, or perhaps attendance at anger management classes.

An experienced Rockville assault lawyer can help provide information on classes or treatment programs someone might be interested in. One will routinely have to check in with the court to let the probation agent know what their progress is like, and whether they have fulfilled the conditions that the judge has ordered.

Is second degree assault a violent crime in Maryland?

Second Degree Assault Second degree assault is by far the most common violent crime in Maryland, and unfortunately it is also one of the most wrongly charged as well. There are thousands of these cases filed each year, and a large percentage of the allegations are exaggerated and in some cases even entirely fabricated.

This is an extremely dangerous charge because it only takes the accusation of one person to put the criminal process in motion. And the effects can be truly devastating for the defendant without the proper legal representation. If you have been charged with second degree assault anywhere in Maryland contact The Herbst Firm immediately for a free consultation about your case.

Benjamin Herbst has handled hundreds of assault cases, and has achieved dismissals and not guilty verdicts in many of these cases. He understands how high the stakes are, and is prepared to do whatever it takes to win, including going all the way to trial.

The firm offers flexible payment plans, and never charges a trial fee, as we strongly believe that our clients should not have to pay extra for their day or days in court.We get asked all the time how it is that the state can bring criminal charges against a person without any evidence besides an alleged victims statement.

In an ideal justice system, the prosecutor would thoroughly examine all applications for charges and make a case by case determination if there is enough evidence to prove the case beyond a reasonable doubt. But many of the jurisdictions in our state are far from ideal, and misdemeanor charges are often filed without a prosecutor even glancing at the statements, much less interviewing witnesses and making judgments on credibility.

• There are few things that bother us more than people using the criminal justice system to settle personal vendettas.
• It is truly sad and pathetic, but the fact is that this happens all the time.
• People are arrested each and every day on false assault charges.
• This includes charges where the defendant is acting in self defense or the defense of others.

Truth be told, the police officers that respond to many of these cases would rather make an arrest or issue a summons and let the court system deal with it than make a judgment call on the scene. And further, the commissioner may do the same. As terrible as these situations are, there is still hope as all defendants are entitled to competent legal representation.

• Hiring a lawyer in a second degree assault case is absolutely imperative to protect your rights and your freedom.
• It is too much of a gamble to walk into court without a lawyer, and nobody should ever expect the state to simply drop a case on their own.
• And remember that the judge does not have authority to dismiss a case unless evidence is presented at a motion or trial.

An assault conviction is something that can stay with you or a loved one forever. It can leave a devastating affect on a person’s criminal background, and is considered a crime of violence. If your case is dismissed or nolle prossed, or if you earn a not guilty verdict your case may be immediately eligible to be expunged, which is something we handle for our clients free of charge.

Can assault charges be dropped in Maryland?

Dropping Criminal Charges – The State’s Attorney Office can drop charges for domestic violence civil actions and criminal actions in Maryland. When there is a civil stay away order and the petitioner wants to remove it, they can go to the court and request that the order be removed.

It is up to the judge to grant that withdrawal and they could say no. Just because the individual wants something done does not mean the judge allows it. An accuser cannot drop charges in a criminal domestic violence action. Once a person makes a report and it goes to the police or directly to the state’s attorney, they make the decisions.

An accuser can be compelled to testify under any circumstance unless they are a protected party which would be a spousal privilege. If people are married, they can invoke that privilege which protects them temporarily for one time only. They can prevent anyone from compelling them to testify against their spouse.

• In the State of Maryland, a person can invoke privilege under spousal immunity one time only and that is it.
• With a subsequent offense, a person cannot invoke the spousal immunity.
• A judge can find the person in contempt of court if they refuse to cooperate.
• If the person does not show up, the judge can issue a show cause or a body attachment that can be brought in by a sheriff.

They can also have the person arrested.

Can you go to jail for assault in Maryland?

Unlike common law, Maryland criminal statutes consider “assault” to include the crimes of assault, battery, and assault and battery. Assault is the attempted touching of a person without his or her consent, including under those circumstances where the person feels fearful that a touching will occur.

1. Battery is the actual, offensive touching of another person without his or her consent.
2. Maryland also recognizes felony assault, which includes an assault with intent to kill or assault with intent to rape.
3. Assault is Charged According to Varying Levels of Severity Assault charges in Maryland can lead to harsh penalties of up to 25 years in prison if you are convicted, making it imperative to contact a criminal defense attorney once you are aware you are being investigated or charged.

There are degrees of severity in the charges and corresponding degrees of punishment. Maryland statutes allow you to be charged with first-degree assault, second-degree assault, second-degree assault on a police officer, reckless endangerment, and poisoning.

In Maryland, first degree assault is a felony punishable by up to 25 years of incarceration. First degree assault encompasses the act of deliberately causing someone to experience severe physical injury, trying to cause severe physical injury to someone, or executing an assault with a firearm. Serious physical injury under the assault statutes is the type of injury that carries a substantial risk of death or that disfigures or that causes someone to lose a limb or organ, or that impairs the limbs or organs.

Maryland refers to what is “simple assault” under common law as “second degree assault.” A second degree assault is a misdemeanor that occurs when someone causes or attempts to cause an offensive physical contact. Second degree assault convictions carry heavy penalties, too: in the event of a conviction, you can be punished with up to 10 years of incarceration.

A second degree assault on a law enforcement officer carries the same penalty, but is classified as a felony. Reckless endangerment is a misdemeanor in Maryland. Reckless endangerment means engaging in conduct that carries a substantial risk of death or serious physical injury, or discharging a firearm from a car such that it creates a substantial risk of death or serious physical injury.

A reckless endangerment conviction carries a five-year maximum period of jail time. Poisoning someone is also considered an assault and a conviction leads to a maximum sentence of 20 years in prison. Common Causes & Defenses Assaults frequently arise from fights.

The person who starts the fight is often the person who is charged with assault. Although the Maryland statutes treat battery as a component of assault, the statutes follow common law when it comes to the law of self-defense against a battery. Specifically, if a defendant injures another because he apprehends himself as the object of immediate danger from that other person, he cannot be held responsible for assault.

However, the person who claims he acted in self-defense must not have used more force than what was proportionate to respond to the imminent danger. In order to raise the defense, the defendant must show that a person of average prudence would have done the same thing under the circumstances.

• Assault charges in Maryland are serious and have significant legal consequences.
• The defense strategy that is appropriate for you depends on the facts or circumstances of your particular case.
• Therefore, we recommend that you contact an experienced Maryland Assault Attorney at the office of Anthony Fatemi LLC as soon as you realize you or a loved one is suspected of assault.

Call us at (301) 519-2801, or submit our online contact form today.

How many years do you get for assault in Maryland?

What are the Penalties for First-Degree Assault? – Because first degree assault is a crime of violence, there is a mandatory minimum sentence of 10 years’ imprisonment for a second offense. For a third offense, the mandatory minimum sentence is 25 years’ imprisonment.

Can you get 2nd degree assault expunged Maryland?

6. Will this go on my record? – Assault convictions would go on your criminal record. If the case is dismissed, your second degree assault lawyer can expunge it from your record the same day as court according to criminal procedure and Maryland criminal code.

The same goes for an acquittal or not guilty verdict. If you are convicted, your Assault in the Second Degree charge is eventually expungable; however, not until fifteen years after the completion of your sentence. Many first offenders are offered a Probation before judgment or “PBJ” by the Court in their second degree assault case.

A probation before Judgment is a special disposition in Maryland that “strikes” the conviction before it is entered and places a person on a probationary period. Technically, this is not a conviction on your record; however, it is still visible to others on Maryland case search.

How much time does 2nd degree assault carry in Maryland?

Second-Degree Assault Penalties in Maryland – Individuals convicted of second-degree assault may face up to 10 years in jail. In addition to a possible sentence of ten years in jail, the maximum fine for second-degree assault in Maryland is $2,500. Second-degree assault penalties vary depending on the facts of the case, the Judge, and the States Attorney’s recommendation.

1. Our Maryland second-degree assault lawyers have the experience necessary to gauge the sentence an individual is facing based on the specifics of the case.
2. We also are well-positioned to negotiate with prosecutors and fight for fair sentences in court.
3. Second-degree assault is almost always classified as a misdemeanor i n Maryland.

Only one type of second-degree assault is classified as a felony. In Maryland, second-degree assault is classified as a felony if the victim is a law enforcement officer and suffers physical injury. If both of these conditions are met, then second-degree assault is classified as a felony, with a maximum sentence of ten years in jail and a $5,000 fine.

How long does a assault charge stay on your record in Maryland?

Maryland Expungement Laws and Included Offenses – A change in the law that came into effect on Oct.1, 2017, widened the number of offenses that can be removed from a criminal record in Maryland although waiting times can be lengthy. Many misdemeanor offenses including the fairly common offense of second-degree assault became eligible for removal under the new law.

1. With a few exceptions, offenses can be removed from your record after 10 years as long as you do not re-offend within that time.
2. One exception in the Justice Reinvestment Act was domestic violence second-degree assault convictions.
3. People who are convicted of these offenses must wait for 15 years.
4. Certain crimes can be expunged after three years following the guilty conviction or the satisfactory completion of a sentence, including probation, whichever is later.

They include drinking alcohol in a public place, urination in public, loitering, and vagrancy. New offenses eligible for expungement include misdemeanor theft under $1,000, possession of drug paraphernalia, and prostitution. You must wait 10 years for the expungement of offenses including disorderly intoxication, possession of a controlled or dangerous substance, or breaking and entering a motor vehicle.

Is smacking a phone out of someone’s hand assault?

Assault Has Many Definitions For example, a person slapping a phone out of another person’s hand during an argument may be considered assault. It’s an unlawful touching of an individual against their will and is done with violence. That said, a person has to be in fear during this event to make it count as assault.

How can charges be dropped before court date?

How to Get Theft Charges Dismissed? – Theft is defined in the Texas Penal Code to mean intentionally taking someone’s property from their possession without their express permission. Since it can lead to serious consequences, depending upon the property in question, it becomes imperative to understand ways of getting charges dropped before court date.

• You Are The Rightful Owner – If it can be proven that you owned the property in the first place, the prosecuting side wouldn’t have any need to proceed with the case. Your lawyer can find the correct evidence to establish your ownership over the property.
• Lack Of Intention – If it can be proven that you were not aware that you were in possession of the stolen property, your charges may get dropped. Intention is very important to constitute theft, and if it is lacking, the case will not stand.
• You Were Under Duress – If you were forced to commit the act of theft because of any threat to you or your family and it can be proven in front of the Prosecutor, they will get your charges dropped.
• Errors By The Enforcement Officers – If the search was conducted by the police without a proper warrant, or the arrest was not made following all the rules, the Prosecutor will have no choice but to get your charges dropped.

Is pushing someone assault in Maryland?

Common Assault Charges – There are two different kinds of assault. Second-degree assault, which is a misdemeanor, is the most common assault charge in Maryland. Second-degree assault charges might result from someone touching another person without their permission.

Is spitting on someone assault in Maryland?

Defining Assault in Annapolis, Maryland – While the legal definition of assault can vary between states and is sometimes complicated for a layperson to understand, criminal law defines assault fairly broadly and in concrete terms: As an Annapolis assault lawyer can tell you, there are many variations on the assault charge to cover the myriad different types of actions that may fall under that category.

• Assault and battery is much more serious than a simple assault charge, and is not as subjective as simple assault.
• Battery involves willfully touching another person without excuse or justification.
• Actions taken in anger, like spitting in a person’s face, are enough to justify a charge of assault and battery in certain cases.

Unlike the previous charges, aggravated assault is a felony, and a charge of aggravated assault will often be accompanied with the possibility of significant jail time. Aggravated assault covers situations where the perpetrator intends to do more than just frighten the victim—generally this involves robbery, attempted murder, or rape.

Assaulting another person with a deadly weapon is most often aggravated assault, especially if the courts determine that there was intent to cause serious bodily harm. Maryland Assault Explained – YouTube Seth Okin 64 subscribers Maryland Assault Explained Watch later Share Copy link Info Shopping Tap to unmute If playback doesn’t begin shortly, try restarting your device.

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Can you get 2nd degree assault expunged Maryland?

6. Will this go on my record? – Assault convictions would go on your criminal record. If the case is dismissed, your second degree assault lawyer can expunge it from your record the same day as court according to criminal procedure and Maryland criminal code.

• The same goes for an acquittal or not guilty verdict.
• If you are convicted, your Assault in the Second Degree charge is eventually expungable; however, not until fifteen years after the completion of your sentence.
• Many first offenders are offered a Probation before judgment or “PBJ” by the Court in their second degree assault case.

A probation before Judgment is a special disposition in Maryland that “strikes” the conviction before it is entered and places a person on a probationary period. Technically, this is not a conviction on your record; however, it is still visible to others on Maryland case search.

How many years do you get for assault in Maryland?

What are the Penalties for First-Degree Assault? – Because first degree assault is a crime of violence, there is a mandatory minimum sentence of 10 years’ imprisonment for a second offense. For a third offense, the mandatory minimum sentence is 25 years’ imprisonment.

How long does a assault charge stay on your record in Maryland?

Maryland Expungement Laws and Included Offenses – A change in the law that came into effect on Oct.1, 2017, widened the number of offenses that can be removed from a criminal record in Maryland although waiting times can be lengthy. Many misdemeanor offenses including the fairly common offense of second-degree assault became eligible for removal under the new law.

With a few exceptions, offenses can be removed from your record after 10 years as long as you do not re-offend within that time. One exception in the Justice Reinvestment Act was domestic violence second-degree assault convictions. People who are convicted of these offenses must wait for 15 years. Certain crimes can be expunged after three years following the guilty conviction or the satisfactory completion of a sentence, including probation, whichever is later.

They include drinking alcohol in a public place, urination in public, loitering, and vagrancy. New offenses eligible for expungement include misdemeanor theft under $1,000, possession of drug paraphernalia, and prostitution. You must wait 10 years for the expungement of offenses including disorderly intoxication, possession of a controlled or dangerous substance, or breaking and entering a motor vehicle.

What is a Category 2 assault?

Category 1. Greater harm (serious injury must normally be present) and higher culpability. Category 2. Greater harm (serious injury must normally be present) and lower culpability; or lesser harm and higher culpability.