Second degree assault is one of the most commonly charged crimes in Maryland—but that doesn’t mean it should be taken lightly. If you or someone you love is facing this charge, it’s critical to understand what’s at stake, including the potential for second degree assault jail time.
What Is Second Degree Assault in Maryland?
Under Maryland Criminal Law § 3-203, second degree assault covers a wide range of conduct. This could include hitting, shoving, threatening someone with physical harm, or even making unwanted physical contact. In many cases, it comes down to the alleged victim’s word against yours.
Despite being classified as a misdemeanor, second degree assault in Maryland carries harsh penalties:
- Up to 10 years in prison
- A fine of up to $2,500
If the alleged victim is a law enforcement officer, parole or probation agent, or emergency responder, the offense can be prosecuted as a felony with enhanced penalties.
Will You Go to Jail for Second Degree Assault?
That depends. Courts consider a number of factors before handing down a sentence:
- Was this your first offense, or do you have a prior criminal record?
- Did the alleged victim suffer serious injuries, or was it a minor altercation?
- Were there any weapons involved?
- Is there evidence of self-defense or mutual combat?
For first-time offenders in Southern Maryland, particularly in Prince George’s, Charles, St. Mary’s, or Calvert County, it’s not uncommon for judges to impose probation before judgment (PBJ) or suspend the sentence, especially when the incident was minor and no one was seriously hurt.
But that doesn’t mean jail time is off the table. In more serious cases—or if you’ve been charged before—prosecutors may push for months or even years of incarceration. And if you’re on probation or parole when the alleged assault occurs, the consequences can be even more severe.
How a Southern Maryland Criminal Lawyer Can Help
Every second degree assault case is different. That’s why working with an experienced Southern Maryland criminal lawyer is your best defense. A knowledgeable attorney can examine the facts, challenge weak evidence, raise self-defense claims, and fight to keep you out of jail.
At Southern Maryland Criminal Defense, we’ve helped clients throughout Prince George’s County, Charles County, St. Mary’s County, and Calvert County navigate assault charges and avoid the worst-case scenario. Whether your case calls for aggressive courtroom defense or skilled negotiation, we’ll be in your corner every step of the way.
Facing a second degree assault charge? Don’t wait. Schedule a free consultation and find out how we can help protect your future.
