Silver Spring Assault Lawyer
Maryland law identifies two distinct types of assault, both of which are treated quite seriously. If you have been charged with assault, you will need to work with an experienced Silver Spring assault lawyer who can vigorously defend your rights and make sure that you are treated fairly throughout the investigation and legal process. Call and discuss your case with a criminal defense attorney today to find out what an attorney can do for your case.
Types of Assault Charges in Maryland
Our firm’s Silver Spring assault lawyers have experience fighting both first and second degree assault charges in the state of Maryland. Below, we provide a brief summary of these two common assault charges.
Under Maryland Code § 3-202, assault in the first-degree is defined as an assault – or apprehension of an imminent harmful or offensive contact – that either causes or intends to cause serious physical bodily injury, or involves the use of a firearm. Serious physical injury involves any type of permanent or lingering disfigurement, or impairment or loss of function of a body part.
The law specifically allows that firearm-related assaults need not involve a battery (the actual physical harmful or offensive contact). Rather, simply creating the apprehension of an impending battery is enough to trigger a charge of first-degree assault when a firearm is involved.
Maryland Code § 3-203 identifies second-degree assault as encompassing all other types of assaults, meaning all assaults that do not involve a gun, and did not cause or intend to cause a serious physical injury. Like first-degree assault, second-degree assault also does not require an actual battery to have taken place.
Simply creating the fear of an imminent harmful contact without the consent of the alleged victim can constitute second-degree assault. Prosecutors must prove that the accused person’s action that caused the apprehension was intentional, but not necessarily that any harm was intended.
Regardless of what type of assault charges you may be dealing with, our experienced Silver Spring assault attorneys can investigate the case against you and determine whether you may have been wrongfully charged or acted in justifiable self-defense, for instance.
Assault Penalties in Maryland
As a Silver Spring attorney can tell you, first-degree assault is a felony that carries a penalty of up to 25 years in prison. Second-degree assault is typically considered a misdemeanor, but is punishable in Maryland by up to ten years in jail and a fine of up to $2500.
A second-degree assault against a law enforcement, correctional or metro transit officer, or probation or parole agent, is a felony that carries an enhanced penalty of up to ten years in prison and up to $5000 in fines. Because penalties for both first and second-degree assaults in Maryland can be so harsh, it is especially important that you consult with an experienced attorney if you believe you have been unfairly accused of assault.
Consult a Silver Spring Assault Attorney
Our experienced team understands that false accusations of assault are common. A Silver Spring assault lawyer with our firm can advise you from the moment you learn of the accusations against you and will fight passionately to mitigate the damage that these sorts of charges can cause. Call today to learn more.