If you are facing an assault charge in Maryland, you are likely wondering whether there is any way to fight the charges and avoid a conviction. The answer depends on the specific facts of your case, but assault charges are beatable. Prosecutors must prove every element of the offense beyond a reasonable doubt, and there are several effective defenses that an experienced attorney can raise on your behalf.
At SoMD Criminal Defense, we have defended clients against assault charges in Charles County, Calvert County, St. Mary’s County, and Prince George’s County. As former prosecutors, we know exactly how the State builds these cases, and we use that knowledge to identify weaknesses and fight for the best possible outcome. Here is what you need to know about beating an assault charge in Maryland.
Understanding Assault Charges in Maryland
Maryland law recognizes two degrees of assault, and the penalties differ significantly between them.
Second degree assault under Criminal Law § 3-203 covers most assault cases. It includes intentionally causing or attempting to cause offensive physical contact or putting someone in fear of imminent bodily harm. Second degree assault is a misdemeanor punishable by up to 10 years in prison and a fine of up to $2,500. If the victim is a law enforcement officer, healthcare worker, or other protected person, the maximum penalty increases to 10 years.
First degree assault under Criminal Law § 3-202 involves intentionally causing or attempting to cause serious physical injury. First degree assault is a felony punishable by up to 25 years in prison. These charges are typically reserved for cases involving weapons, significant injuries, or extreme violence.
Understanding which type of assault you are charged with is critical because it determines the potential penalties and the defense strategies available. Learn more about how we handle violent felony charges in Southern Maryland.
Common Defenses to Assault Charges in Maryland
Every assault case is different, but the following defenses are among the most commonly and successfully used in Maryland courts.
Self-defense. Maryland law allows you to use reasonable force to defend yourself if you reasonably believe you are in imminent danger of bodily harm. To successfully claim self-defense, you generally must show that you were not the initial aggressor, that you had a reasonable belief of imminent danger, and that the force you used was proportional to the threat. In our years of practice in Southern Maryland courts, we have successfully raised self-defense in numerous assault cases.
Defense of others. Similar to self-defense, you may use reasonable force to protect another person who you reasonably believe is in imminent danger of harm. This defense is commonly raised in situations involving family members or bystanders.
Lack of intent. Assault requires intentional conduct. If the contact was accidental, such as bumping into someone in a crowded area, the State cannot prove assault. We have seen cases where what appeared to be an assault was actually an accident, and proving this distinction can lead to dismissed charges.
False accusation. Unfortunately, false assault allegations are more common than many people realize. They often arise in domestic disputes, custody battles, or situations where someone has a motive to fabricate a claim. A thorough investigation, including reviewing witness statements, surveillance footage, and communication records, can expose false accusations.
Insufficient evidence. The State bears the burden of proving assault beyond a reasonable doubt. If the only evidence is one person’s word against another with no corroborating evidence, your attorney can challenge the credibility and sufficiency of the State’s case.
Consent. In some limited circumstances, consent can be a defense to assault. This typically arises in the context of sporting events or other activities where physical contact is expected and agreed upon.
If you or a loved one is facing assault charges in Southern Maryland, do not wait to get legal help. Contact SoMD Criminal Defense at (301) 818-0389 for a free consultation. We will review your case and walk you through your options.
What Evidence Matters in an Assault Case
The outcome of an assault case often depends on the evidence available. Key types of evidence that can help your defense include surveillance or security camera footage showing what actually happened, witness statements from people who saw the incident, text messages, social media posts, or other communications showing the alleged victim’s motive or state of mind, medical records (or the lack thereof) documenting injuries, and 911 call recordings that may capture what was said in the heat of the moment.
An experienced defense attorney will know how to obtain, preserve, and present this evidence effectively. At SoMD Criminal Defense, we conduct thorough investigations of every assault case to ensure no stone is left unturned.
Alternatives to Conviction for Assault in Maryland
Even if the evidence against you is strong, there may be alternatives to a conviction that can protect your record and your future.
Probation Before Judgment (PBJ). For second degree assault cases, the court may grant a PBJ, which means you are placed on probation without a formal conviction. A PBJ can be eligible for expungement, which means the charge may eventually be removed from your record entirely.
Stet. The prosecutor may agree to place your case on the stet docket, which means the charges are set aside indefinitely. While not a dismissal, a stet effectively ends the prosecution and may be eligible for expungement after a waiting period.
Nolle prosequi. The prosecutor may decide to drop the charges entirely if the evidence is insufficient or if circumstances change. Having an experienced attorney who knows how to negotiate with Southern Maryland prosecutors can increase the likelihood of this outcome.
Plea negotiation. In some cases, your attorney may negotiate a plea to a lesser charge with reduced penalties. This can be a strategic decision depending on the strength of the evidence. Learn more about misdemeanor charges and protective orders in Maryland.
How Assault Convictions Affect Your Life in Maryland
An assault conviction in Maryland carries consequences beyond jail time and fines. A criminal record for assault can affect your employment prospects, housing applications, professional licensing, gun ownership rights, immigration status, and custody arrangements. For residents of Waldorf, La Plata, Lexington Park, and other Southern Maryland communities where many people hold government or military positions, an assault conviction can be career-ending.
This is why fighting an assault charge aggressively is so important. Even if you are not facing the most serious penalties, the long-term consequences of a conviction can follow you for years.
Facing Assault Charges in Southern Maryland?
The attorneys at SoMD Criminal Defense have over a decade of experience defending clients against assault charges in Charles County, Calvert County, St. Mary’s County, and Prince George’s County courts. As former prosecutors, we know how the State approaches these cases, and we use that insider knowledge to protect your rights.
Every case is different. Let us review the specifics of your situation.
Call us today at (301) 818-0389 or contact us online to schedule your free consultation.
This article provides general information about assault charges in Maryland and is not legal advice specific to your situation. Contact an attorney to discuss the details of your case.
Frequently Asked Questions About Assault Charges in Maryland
Can assault charges be dropped in Maryland?
Yes, assault charges can be dropped in Maryland. The prosecutor may enter a nolle prosequi (drop the charges) if the evidence is insufficient, if the victim recants, or if other circumstances make prosecution impractical. An experienced defense attorney in Southern Maryland can negotiate with the prosecutor to pursue this outcome.
Is second degree assault a felony in Maryland?
No, second degree assault is a misdemeanor in Maryland, but it still carries serious penalties of up to 10 years in prison. First degree assault, which involves intentionally causing serious physical injury, is a felony punishable by up to 25 years in prison.
What is the difference between assault and battery in Maryland?
Maryland merged the common law offenses of assault and battery into a single statutory offense called “assault.” Under current Maryland law, there is no separate charge of battery. Both the threat of harm (traditional assault) and actual harmful or offensive contact (traditional battery) are covered under the assault statute.
Can I claim self-defense against an assault charge in Maryland?
Yes, self-defense is a recognized defense to assault charges in Maryland. You must show that you reasonably believed you were in imminent danger of bodily harm, that you were not the initial aggressor, and that the force you used was proportional to the threat. An experienced criminal defense attorney in Southern Maryland can help you establish this defense.
