In Maryland, the major differences between the first-degree assault and second-degree assault are the nature of the conduct, the seriousness of injury caused, and whether any aggravating circumstances are present or not. While first-degree assault is a felony, ordinary second-degree assault is a misdemeanor, with certain forms of it being considered as felonies. Let’s understand first degree assault and second-degree assault in Maryland in detail, followed by comparison.
First Degree Assault in Maryland
- Intentionally causing or attempting to cause serious physical injury to another person.
- Committing an assault with a firearm covered by the statute.
- Intentionally strangling another person.
- Causing serious physical injury intentionally that creates a substantial risk of death or causes serious, lasting disfigurement or loss or impairment of bodily function.
- Assault involving a firearm is covered by the Maryland statute.
- Intentional strangulation: Applying pressure to another person’s throat or neck in a way that impedes normal breathing or blood circulation, where the conduct meets the legal requirements.
Second Degree Assault in Maryland
Under Maryland Criminal Law § 3-203, second-degree assault includes:
- Unlawfully causing physical contact or injury to another person.
- Attempting to cause physical contact, or intentionally putting someone in reasonable fear of immediate physical harm.
- Causing physical contact like hitting, punching, or slapping someone.
- Attempted assault wherein you tried to hit someone but missed.
- Intentionally causing someone to reasonably fear immediate physical harm when the legal requirements for assault are met.
Determining the Degree of Assault on the Basis of Injury
A victim’s injury alone cannot be the only determining factor for the degree of assault, as there are other statutory elements comprising the defendant’s conduct, intent, weapon involved, and the circumstances that are involved. A serious injury doesn’t straightaway mean that it’s a first-degree assault, whereas an attempted assault may be considered as an assault even if there is no injury.
| Feature | First-Degree Assault | Second-Degree Assault |
|---|---|---|
| Legal Classification | Felony | A misdemeanor, with specific felony exceptions |
| Typical Circumstances | Intentionally causing or attempting to cause serious physical injury; assault with a firearm; intentionally strangling another person | Assault, battery, or assault and battery that does not meet the first-degree criteria |
| Maximum Imprisonment | Up to 25 years | Up to 10 years and/or a $2,500 / $5,000 fine |
Consult Our Experienced Maryland Assault Lawyer at Law Office of Stanley Thompson
If you have been charged with a single or different degree of assault, then you should practice your right to remain silent and immediately consult our attorney Stanley Thompson, who is known for criminal defense in Maryland. You should carefully go through the charging documents, evidence, witness accounts, and the statutory provisions for better case proceedings. Book a free consultation now.
FAQs
While first-degree assault is a serious offense that involves causing or attempting physical injury intentionally using a firearm during an assault or strangling another person, second-degree assault covers other forms of assault, which includes attempted battery, battery, or placing someone in fear of immediate physical harm.
2. Is first-degree assault a felony in Maryland?
Yes, the first-degree assault has been mentioned as a felony under Maryland law, which carries a penalty of a maximum of 25 years in prison.
3. Is second-degree assault a misdemeanor or a felony?
A second-degree assault is a misdemeanor and punishable in the eyes of the law, leading to up to 10 years in prison, a fine of up to $2,500, or both. However, there are certain assaults in this type of assault that may be charged as felonies.
4. Does an assault have to cause physical injuries to be charged in Maryland?
No. Conduct that places the person in fear of immediate physical harm qualifies as an assault.
5. Can an assault charge become first-degree assault even if the victim has no serious injuries?
Potentially, yes. Under Maryland law, there are certain conducts, such as intentional strangulation and assault involving specified firearms, that can support a first-degree charge.
