If you are searching “is assault on police officer a felony,” the answer in Maryland is: it can be. Under Maryland Criminal Law § 3-203, second-degree assault is usually a misdemeanor, but it becomes a felony when a person intentionally causes “physical injury” to a law enforcement officer (or certain other protected public safety professionals) while the officer is performing official duties, and the person knows or has reason to know the victim’s status.
This distinction matters because the felony version of second-degree assault carries different consequences, including a higher fine and the lifelong stigma that often comes with a felony record.
The Baseline Rule: Second-Degree Assault Is Usually a Misdemeanor
Maryland’s second-degree assault statute is broad. It covers common-law assault and battery concepts, including alleged harmful or offensive contact, attempted battery, and certain “intent to frighten” conduct.
Most second-degree assault charges are classified as a misdemeanor, with penalties that can still be very serious.
The Key Exception: Second-Degree Assault on a Law Enforcement Officer Can Be a Felony
Maryland Criminal Law § 3-203 creates a felony enhancement when all of these elements are alleged:
- Intentional physical injury
- The alleged victim is a law enforcement officer engaged in the performance of official duties
- The defendant knew or had reason to know the victim was a law enforcement officer
The statute’s definition is especially important:
“Physical injury” means any impairment of physical condition, excluding minor injuries.
That means the State does not need a broken bone or a hospital stay to pursue the felony enhancement. If prosecutors claim an officer suffered an impairment of physical condition that is more than “minor,” they may charge felony second-degree assault.
What Counts as “Physical Injury” Under § 3-203?
The statute defines “physical injury” as any impairment of physical condition, excluding minor injuries. In real cases, the fight is often about whether the alleged injury is truly an “impairment” and whether it rises above “minor.”
Examples prosecutors may point to include claims like:
- Pain with reduced range of motion
- Swelling that limits movement or function
- Bruising paired with functional limitation
- Symptoms that allegedly interfere with the officer’s ability to work or perform normal activities
Defense lawyers often push back hard on:
- Vague or conclusory injury descriptions
- Minimal symptoms described as serious
- Lack of objective findings
- Injury claims that grow over time
- Missing medical records or inconsistent documentation
Penalties: Misdemeanor vs Felony Second-Degree Assault
Misdemeanor second-degree assault (the usual version) can still carry major exposure, but the felony enhancement changes the case in important ways.
- Misdemeanor second-degree assault: up to 10 years incarceration and up to a $2,500 fine
- Felony second-degree assault on law enforcement under § 3-203(c): up to 10 years incarceration and up to a $5,000 fine
Even when the maximum incarceration is the same on paper, felony charging changes plea negotiations, bail arguments, sentencing posture, and long-term consequences.
How This Charge Often Arises
Felony second-degree assault on a police officer commonly comes from fast-moving situations like:
- Traffic stops and roadside arrests
- DUI investigations
- Disorderly conduct allegations
- Domestic disturbance calls
- Crowd-control situations
- Scuffles during handcuffing or transport
In many cases, the person accused did not set out to hurt anyone. The State’s theory may be that a movement during restraint was intentional and caused impairment. Those cases are intensely fact-specific, and the details matter.
Common Defenses in Police Assault Cases
Every case is different, but some of the most common defense themes include:
No intentional injury
The felony version requires intentional conduct that causes physical injury. Accidental contact, reflexive movement, or chaotic circumstances can matter.
No “physical injury” as defined by the statute
If the officer’s condition is truly minor, the felony enhancement may not fit.
Officer not engaged in official duties
The statute requires the officer be engaged in official duties. This can become a contested issue depending on what happened and when.
Identification and body camera issues
Body camera footage, surveillance video, radio traffic, and witness statements can confirm or contradict the State’s narrative. Gaps in video coverage can be just as important as what’s captured.
Credibility and consistency problems
Injury claims, timelines, and use-of-force narratives are scrutinized closely, especially when multiple reports do not match.
First-Degree Assault: A Different Felony Path
Separate from § 3-203, prosecutors may charge first-degree assault if they allege a dangerous weapon was used or an intent to cause serious physical injury. That is a different statute and typically a higher-stakes felony case.
The practical point is this: “assault on an officer” is not one single charge. It can be charged as misdemeanor second degree, felony second degree under § 3-203(c), or first degree depending on the facts alleged.
Local Courts and Practical Reality in Southern Maryland
How these cases are charged and resolved can vary by county and courtroom culture. If your case is pending in Prince George’s, Charles, Calvert, or St. Mary’s Counties, the outcome can turn on early investigation, fast preservation of video evidence, and careful review of medical records and duty-status documentation.
What To Do If You Are Charged
If you are accused of assaulting a police officer, the first steps often make the biggest difference:
- Preserve any videos, messages, or witness names immediately
- Get body camera and surveillance footage requested early
- Do not try to “explain” the situation in informal statements
- Have a lawyer evaluate whether § 3-203(c) elements actually fit the facts
These cases move quickly, and the charging decision can shape everything that follows. Our attorneys defend violent crime charges and violent felonies throughout Southern Maryland.
Charged with assault on a police officer in Southern Maryland? SoMD Criminal Defense serves clients in Waldorf, La Plata, Calvert County, St. Mary’s County, and Prince George’s County.
