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Maryland law distinguishes between two main types of assault under Sections 3-202 and 3-203 of the Criminal Code. The first-degree assault charge, detailed under Section 3-202, is the more serious charge and is considered a felony. Second-degree assault, while classified as a misdemeanor, can still carry significant penalties, including up to 10 years in prison and a fine of up to $2,500.

First-Degree Assault

Section 3-202 prohibits intentionally causing or attempting to cause serious physical injury to another person. Assault with a deadly weapon, such as a firearm or a knife, is typically charged as first-degree assault. This is a felony offense, and a conviction could result in up to 25 years in prison. For an assault to be classified as first-degree, the state must prove the use of a weapon or the intent to cause serious bodily harm to the victim. Serious physical injury in Maryland includes situations where there is a significant risk of death or disfigurement, or where the injury impairs a bodily function. If you have been charged with first-degree assault, having an experienced lawyer on your side can make a significant difference in your case.

Second-Degree Assault

Second-degree assault is considered a less severe offense but still carries significant penalties. This charge often arises from incidents involving unwanted physical contact or actions that don’t cause serious injury or death. However, second-degree assault can still result in up to 10 years in prison. In certain cases, even a second-degree assault charge can be upgraded to a felony if the alleged assault was committed against a law enforcement officer, probation officer, or parole agent while they were performing their duties. This charge is outlined in Section 3-203 and carries a possible penalty of up to 10 years in prison and/or a fine of up to $5,000.