Baltimore Assault Lawyer
Being accused of assault can be scary and confusing. Maryland has different degree classifications for assault, meaning it is possible that you are unsure of what exactly you are being charged with and what penalties you may be facing. An experienced criminal attorney may be able to ease the process for you by taking the time to discuss the details of your case while explaining your possible options. Talk with an experienced Baltimore assault lawyer today to learn more.
What is Assault?
Assault in Maryland is covered under CR 3-201(b) which states that assault is classified as being the common law crime of assault, battery, and assault & battery. However, assault is broken down into two classifications – first degree and second degree.
First Degree Assault
In Maryland, the crime of assault in the first degree is more serious than assault in the second degree.
According to CR 3-202, you have committed assault in the first degree if:
- You intentionally caused, or tried to cause, the serious physical injury of another person
- You committed any type of assault, including merely creating a fear of imminent harmful contact in another person, with a firearm
The law in Maryland defines a serious physical injury as being an injury that is so severe that it puts the injured person at substantial risk of death or causes a type of permanent disfigurement or impaired loss of function in a body part.
If you are currently charged with assault in the first degree, you could be facing a felony conviction which carries a prison sentence of up to 25 years. With such serious sentences at stake, it’s always prudent to work with a Baltimore assault attorney who can help you minimize the effects of the charges against you.
Second Degree Assault
In Maryland, assault in the second degree is covered by CR 3-203. Assault in the second degree is considered to be any type of common law assault that is less severe than the actions associated with assault in the first degree.
Common law assault is classified as being the threatening or use of a physical action on an individual causing the individual to have reasonable fear of contact that could harm or offend.
Therefore, it is possible that you can be convicted of assault in the second degree without having touched another person. If this has happened to you, do not wait to speak with legal representation.
Generally, a person charged with assault in the second degree faces a misdemeanor conviction which carries a possible penalty of up to 10 years of prison time and/or a fine that could be as high as $2,500. However, there is a scenario where the misdemeanor conviction could be elevated to a felony.
If you intentionally injured a person that you either knew, or should have known, was a law enforcement, probation, or parole officer, while that person was performing their work duties, you could be facing a felony conviction which carries a penalty of up to 10 years in prison and/or a fine as high as $5,000.
What is Reckless Endangerment?
In Maryland, reckless endangerment is covered by CR 3-204. This section prohibits a person from engaging “in conduct that creates a substantial risk of death or serious physical injury to another, or [discharges] a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious physical injury to another.”
There are many ways to define “reckless.” Usually, reckless behavior indicates that someone is irresponsible, careless of consequences, or fails to exercise due caution. As it is a subjective definition, a “reasonable person” standard is applied when analyzing the alleged perpetrator behavior. This information is not a substitute for a consultation with an experienced Baltimore assault attorney.
Let a Baltimore Assault Attorney Help
In Maryland, the penalties associated with assault depend upon the severity of the injury and the classification of the person who was injured. A Baltimore assault lawyer may be able to help mitigate your potential penalties by looking for weaknesses in the case being brought against you, and, if successful, keep you out of jail.