In Maryland, “assault and battery” are no longer two separate crimes. The state combined them into a single statutory offense simply called assault, which is then divided into degrees based on the seriousness of the conduct. Understanding which degree you are charged with is the first step in understanding what is at stake. These cases fall under our broader work defending violent crime charges.
What Counts as Assault in Maryland
Maryland recognizes two main forms of assault. The first is causing offensive physical contact or actual physical harm to another person. The second is attempting or threatening to cause harm in a way that puts the victim in reasonable fear of immediate injury. You can be convicted even if no physical contact ever occurred, as long as the threat was credible and immediate.
Because the definition is broad, charges can arise from situations ranging from a bar fight to a heated argument that never turned physical. The context and the degree of the alleged harm determine how prosecutors charge the case.
Second-Degree Assault
Second-degree assault is the most common assault charge in Maryland and is generally a misdemeanor. It covers contact or threats that do not involve serious injury or a deadly weapon. Despite being a misdemeanor, it carries up to 10 years in prison and a fine of up to $2,500, so it should never be treated as a minor matter.
Many domestic-related cases are charged as second-degree assault. If your case involves a family or household member, it may overlap with protective order and domestic violence issues that need to be handled together.
First-Degree Assault
First-degree assault is a felony reserved for the most serious conduct: intentionally causing or attempting to cause serious physical injury, or committing an assault with a firearm. A conviction carries up to 25 years in prison.
The line between first and second degree often turns on the severity of the injury and whether a weapon was involved. An experienced defense attorney will scrutinize the medical evidence and the alleged intent, because reducing a first-degree charge to second degree dramatically changes your exposure.
Common Defenses to Assault Charges
Self-defense is the most frequently raised defense. If you reasonably believed you were in danger and used proportional force to protect yourself, that can be a complete defense. Other defenses include consent, defense of others, lack of intent, and mistaken identity. In many cases, witness credibility and inconsistent accounts of who started the altercation become central to the outcome.
Talk to a Southern Maryland Criminal Defense Lawyer
If you are facing an assault charge, the decisions you make early can shape the outcome of your entire case. SoMD Criminal Defense represents clients across Charles, Calvert, St. Mary’s, and Prince George’s counties. Contact us for a confidential consultation, or learn more about our criminal defense practice areas.
