Assault covers a wide range of offenses, from slapping someone, shooting them with a firearm, or threatening to do either one. The main difference between felony and misdemeanor assault lies in the severity of the offense and the potential penalties.
Misdemeanor assault
In Maryland, misdemeanor assault (assault in the second degree) typically involves less severe types of assault, including:
- Simple assault: This type of assault involves intentionally causing or attempting to cause physical harm to another person, or acting in a way that reasonably puts someone in fear of imminent bodily harm. Simple assault is generally classified as a misdemeanor.
- Assault in the second degree: Deliberately causing or trying to cause physical harm to another person, but with aggravating factors such as using a weapon or assaulting certain protected individuals (like law enforcement officers, emergency responders, or certain healthcare providers) constitutes assault in the second degree in Maryland. Although assault in the second degree is typically classified as a misdemeanor, it can be elevated to a felony depending on the circumstances.
The penalties for misdemeanor assault can vary depending on the specific circumstances of your case and any prior criminal history. However, generally speaking, the penalties for misdemeanor assault may include:
- Fines: Maryland courts may impose fines as a penalty for misdemeanor assault. The amount of the fine can vary depending on the severity of the offense and other factors.
- Prison time: Misdemeanor assault convictions can result in a period of imprisonment. In Maryland, the maximum term of imprisonment for misdemeanor assault is typically up to 10 years. However, actual sentences may be shorter for less severe offenses.
- Probation: Instead of (or in addition to) prison time, courts sometimes impose probation as a penalty for misdemeanor assault. Probation typically involves supervision by a probation officer and compliance with certain conditions, such as regular check-ins, community service, or participation in counseling programs.
- Restitution: In cases where the victim suffered financial losses or expenses as a result of the assault, the court may order the defendant to pay restitution to compensate the victim for those losses.
Felony assault
In Maryland, felony assault, also referred to as assault in the first degree, includes more serious offenses involving aggravated circumstances. Some common scenarios that could be considered felony assault include:
- Causing serious physical injury: Intentionally causing or attempting to cause serious physical injury to someone else. A physical injury is considered serious if it creates a substantial risk of death or causes permanent or protracted disfigurement, impairment of bodily functions, or substantial pain.
- Use of a deadly weapon: Intentionally causing or attempting to cause physical injury to another person by using a deadly weapon. A deadly weapon can include firearms, knives, or any other object used or intended to be used to cause serious bodily injury or death.
- Assault with intent to commit a felony: Committing an assault with the specific intent to commit another felony, such as robbery, rape, or murder.
- Assault against certain protected individuals: Assaulting certain protected individuals, such as law enforcement officers, correctional officers, firefighters, emergency medical personnel, or certain healthcare providers, while they are performing their official duties.
- Assault resulting from a hate crime: Committing an assault with the intent to intimidate or harass another person based on their race, religion, national origin, gender, sexual orientation, or other protected characteristic.
The penalties for felony assault, particularly assault in the first degree, in Annapolis can be quite severe due to the serious nature of the offense. However, they may vary based on the circumstances of the case, the severity of the assault, and your previous criminal history (if any). However, some typical penalties for felony assault may include:
- Prison sentence: Felony assault convictions can result in significant prison sentences. In Maryland, the maximum term of imprisonment for assault in the first degree is typically up to 25 years or even life imprisonment, depending on the specific circumstances of the offense.
- Fines: The court might include fines as part of a felony assault penalty. The amount of the fine can vary depending on the severity of the offense and other factors.
- Probation: In addition to or instead of imprisonment, the court may impose probation as a penalty for felony assault. Probation typically involves supervision by a probation officer and compliance with certain conditions, such as regular check-ins, community service, or participation in counseling programs.
- Restitution: If the victim suffered financial losses or expenses as a result of the assault, the court may order the defendant to pay restitution to compensate the victim for those losses.
How can an Annapolis assault defense lawyer help me?
If you’ve been accused of assault – don’t panic: just call me. I’ve worked with plenty of folks accused of assault in my decades as an Annapolis criminal defense lawyer. Depending on your case, I may argue any of the following:
- Self-defense. Self-defense is a standard defense to assault charges. To present this defense, the defendant must successfully prove that they also felt threatened, they did not provoke the assault, and there was no possible way they could avoid the situation. However, claiming self-defense won’t automatically get you off the hook — the victim might still bring an assault charge.
- Defending others. The “defending others” defense is comparable to self-defense. Reasonable grounds are required, meaning that an actual perceived fear of harm from someone else must be present and genuine – just because someone threatens to hurt another person doesn’t mean they will. Like self-defense, this defense won’t necessarily get assault charges dismissed. The alleged victim may still file them.
- Defending property. A person is entitled to reasonably defend their property, particularly from invasion. For example, if someone attempts or breaks into a home, the homeowner has the right to protect the property and themselves. Our Castle Doctrine specifically addresses the right to use physical force to defend one’s own property.
- Lack of criminal intent. Accidents happen. If there is no criminal intent to harm the other and the victim was aware of the risk that could occur, an assault charge could be brought, but I work to disprove unsubstantiated claims.
Remember, the penalties for misdemeanor and felony assault in Maryland are not set in stone and can differ based on the specific circumstances of the case, the judge’s discretion, and any relevant state laws or court decisions. Individuals facing misdemeanor assault charges have a right to representation. I want to be your Annapolis defense lawyer, and represent you.
Facing an assault charge? I’m here to help. Call or contact my office — Drew Cochran, Attorney at Law — and schedule a consultation. I’ve got office locations at our Annapolis and Ellicott City.
And remember — Keep Calm and Call Drew.
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