How Are Assault Charges Defined In The State Of Maryland?

Misdemeanor assault in Maryland has been merged with battery. There are three different ways that the state can prove a misdemeanor assault, including battery, which is an unconsented or offensive touching of another; and attempted battery; or intent to frighten, where you don’t actually need physical contact between the two parties. The defendant commits an act with the intent to place the victim in immediate physical harm and the victim is aware of that. Felony assault in the state of Maryland is serious physical injury to another or a misdemeanor assault with a firearm.

Does The Degree Of Injury An Alleged Victim Suffers Impact An Assault Charge?

The degree of injury can be the difference between a felony and a misdemeanor assault charge.

Does A Victim Actually Have To Be Injured For An Assault To Occur?

A victim does not have to be injured in order for an assault charge to occur. The intent to frighten is still second degree assault in the state of Maryland. There never has to be any actual touching between the parties for you to be convicted of assault under the intent to frighten theory.

What Penalties Or Sentencing Is There For Assault Convictions In Your State?

For a misdemeanor second degree assault, the maximum penalty is 10 years in prison and for a first-degree assault, the maximum penalty is 25 years in prison.

Does the degree of injury an alleged victim suffers impact an assault charge?

In Frederick, MD, it is vital to have an experienced assault defense attorney on your side if you are facing these charges because you can be charged with assault even if you only threaten to harm them.

Misdemeanor charges are usually brought when an alleged victim suffers minor injuries or if no physical contact is made between the parties involved. These misdemeanor assault charges can result in:

  • Anger management classes,
  • Fines and court costs, and
  • Jail or prison time.

But suppose the alleged victim of assault suffers serious injury or is in imminent danger of serious injury. In that case, the state may bring felony charges against you. Felony assault charges can result in more severe penalties, including:

  • Anger management classes,
  • An extended jail or prison sentence,
  • Fines and court costs, and
  • Restitution to be paid to the victim.

Assault charges can have serious legal consequences, and if convicted, the penalties can include jail time or even a prison sentence. An experienced assault lawyer will know how to build a successful defense strategy and can present a strong case for their client in court.

Does a victim actually have to be injured for an assault to occur?

The intent to scare the victim is still second-degree assault in Maryland. There never has to be any actual touching between the parties for you to be convicted of assault under the intent to frighten theory. The “Intent to Frighten Theory of Assault” holds that a person can be guilty of assault if they put another person in fear of imminent danger, injury, or offensive contact.

When facing an assault charge in Frederick, MD, it is crucial to find an experienced assault defense attorney who can provide you with the best legal counsel and help build your case. A strong defense strategy is critical to a successful outcome. Only an experienced assault lawyer will tell their clients the chances of being found guilty by the court.

Having a qualified attorney on your side is also important because assault charges can have serious consequences if convicted. An attorney who has experience in the nuances of Maryland laws regarding assault and criminal procedure can help protect your rights and ensure that you get a fair trial.

What penalties or sentencing is there for assault convictions in your state?

The consequences of an assault conviction can have a long-term impact on a person’s life. Besides prison time, individuals may face fines, restitution, probation, community service, or mandatory anger management classes.

For assault charges, the circumstances surrounding the alleged incident are significant. An experienced attorney will carefully review all the evidence and advise their client on their best legal options.

An experienced assault lawyer will know how to challenge the prosecution’s case and present evidence in court. An experienced assault defense attorney is essential for those facing assault convictions because even a misdemeanor assault can result in prison time.

So, an attorney can help you understand your rights and build a strong defense against the prosecution’s case. They will also be able to negotiate a plea deal on your behalf, if that is in your best interest, to ensure you don’t get the maximum sentence.

What Are The Potential Defenses Used In Assault Cases? Is Self-Defense Ever A Viable Defense?

Self-defense is a viable defense to assault. In the state of Maryland, you have the right to defend yourself. There could be an instance where you punched an individual in the face and you caused him to have a black eye. That would be an assault in the second degree unless that individual hits you first and you are able to use equal force to defend yourself. You cannot escalate the amount of force that the primary aggressor used. Another common defense is called mutual fray. That is a defense we use when both of the parties enter into a mutual agreement to fight and neither one can be labeled the primary aggressor.

If An Alleged Victim Retracts Their Statement Or No Longer Wants To Pursue the Case, Will It Be Dropped?

Once charges are officially filed, the state attorney’s office and the prosecutor have ultimate discretion. Prosecutors do take into account the victim’s wishes but there is never an automatic dismissal due to a victim recanting their testimony.

For more information on Assault Charges In The State Of Maryland, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (301) 662-2911 today.


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