If you or a loved one has been charged with assault, one of the first questions you might ask is: What’s the difference between first and second degree assault? Understanding this distinction is critical because it can mean the difference between a misdemeanor and a serious felony—with decades of your future at stake.
At Southern Maryland Criminal Defense, we help clients throughout Prince George’s, Charles, St. Mary’s, and Calvert counties navigate complex assault charges and fight to protect their rights.
Second Degree Assault: The More Common Charge
In Maryland, most assault cases are charged as second-degree assault under Criminal Law § 3-203. This law covers a wide range of behavior, including:
- Attempting to cause physical harm to someone,
- Actually injuring someone in a fight or altercation,
- Threatening someone with immediate bodily harm,
- Any unwanted or offensive physical contact.
You don’t have to leave someone bruised or bloody to be charged with second-degree assault. Even grabbing someone aggressively or threatening violence can be enough for police to press charges.
Penalty for Second Degree Assault:
- Misdemeanor, punishable by up to 10 years in prison and a $2,500 fine.
However, the charge can be upgraded to a felony if the alleged victim is a police officer, firefighter, or other protected official.
First Degree Assault: A More Serious Felony
First-degree assault in Maryland, defined under Criminal Law § 3-202, applies to situations where the violence is more severe or involves a weapon. Specifically, a person may be charged with first-degree assault if they:
- Intend to cause serious physical injury, or
- Use a firearm (loaded or not) in the course of the assault.
“Serious physical injury” refers to injuries that create a substantial risk of death or cause permanent disfigurement or loss of function—for example, breaking someone’s jaw, stabbing them, or causing a traumatic brain injury.
Penalty for First Degree Assault:
- Felony, punishable by up to 25 years in prison.
The stakes are high. A first-degree assault conviction can carry lifelong consequences, including loss of civil rights, future job restrictions, and the stigma of a violent felony.
Key Differences Between First and Second Degree Assault
| Factor | Second-Degree Assault | First-Degree Assault |
|---|---|---|
| Level of Harm | Minor or no injury | Serious physical injury or risk of death |
| Use of Firearm | Not required | Automatically triggers first-degree charge |
| Intent Required | Intent to harm or threaten | Intent to cause serious harm |
| Classification | Misdemeanor (or felony in some cases) | Always a felony |
| Maximum Penalty | 10 years and $2,500 fine | 25 years in prison |
What Should You Do if You’re Charged With Assault?
Whether you’re facing a first- or second-degree assault charge, the consequences can be life-altering. The prosecution must prove specific elements of the offense beyond a reasonable doubt, including intent and level of injury. This opens the door to viable defenses, including:
- Self-defense,
- Defense of others,
- Mutual combat,
- Mistaken identity,
- Or lack of intent to cause harm.
Each case is unique—and the difference between first and second degree assault could come down to a single fact or piece of evidence.
Talk to a Southern Maryland Criminal Defense Lawyer Today
If you’ve been arrested for assault in Prince George’s, Charles County, St. Mary’s County, or Calvert County, don’t wait to get legal advice. Our team at Southern Maryland Criminal Defense is ready to evaluate your case and fight for the best possible outcome.
Contact us today for a free consultation and protect your future.
