If you or a loved one has been charged with second degree assault in Maryland, one of the first questions you’ll probably ask is: “Is this a felony?” The answer depends on the specific facts of your case, but in most situations, second degree assault is classified as a misdemeanor under Maryland law. However, the penalties can be severe—up to 10 years in prison and a $2,500 fine—so don’t let the word “misdemeanor” fool you. Additionally, it’s important to understand that the question of is second degree assault a felony in maryland can often arise during legal discussions.
In this post, we’ll break down how second degree assault is defined, whether it’s treated as a felony or misdemeanor, and how a Southern Maryland criminal lawyer can help you fight the charge.
What Is Second Degree Assault in Maryland?
Under Maryland Criminal Law § 3-203, second degree assault includes:
- Intentional physical harm (e.g., punching or hitting)
- Attempted harm with the ability to carry it out
- Threatening conduct that puts another person in fear of imminent bodily harm
This statute covers a wide range of conduct—from bar fights to pushing someone during a heated argument.
Is Second Degree Assault a Felony or Misdemeanor?
In Maryland, second degree assault is generally a misdemeanor, but here’s where things get tricky:
✅ Standard Second Degree Assault
- Classification: Misdemeanor
- Maximum Penalty: 10 years in prison and/or $2,500 fine
- Court: Typically heard in District Court, but can be bumped to Circuit Court depending on the circumstances
🚨 Enhanced Penalty: Assault on a Law Enforcement Officer
If the assault is committed against a:
- Law enforcement officer
- Parole or probation officer
- Emergency responder
…and the defendant knows or has reason to know of their status, the charge is upgraded to a felony:
- Maximum Penalty: 10 years in prison and/or $5,000 fine
- Classification: Felony
Why This Matters: Misdemeanor ≠ Minor
Even though second degree assault is usually a misdemeanor, the consequences can be life-changing:
- Jail time is a real risk, even for first-time offenders
- Permanent criminal record can affect employment, housing, and security clearances
- Protective orders may be issued in related domestic cases
- Future charges could be enhanced based on a prior assault conviction
Don’t make the mistake of treating this like a traffic ticket. Prosecutors and judges take assault charges seriously—especially in Prince George’s, Charles, Calvert, and St. Mary’s Counties.
How Can a Southern Maryland Criminal Lawyer Help?
As criminal defense lawyers in Southern Maryland, we’ve defended hundreds of second degree assault cases. Every case is different, but common defenses include:
- Self-defense or defense of others
- Lack of intent
- Mutual combat
- False accusations (often in emotionally charged domestic situations)
- Insufficient evidence
A strong legal defense starts with a detailed investigation, early strategic motions (like a motion to dismiss or motion to suppress), and careful negotiation with the State’s Attorney’s Office.
Take the Next Step
If you’re facing a second degree assault charge, the stakes are too high to go it alone. We offer consultations to people throughout Southern Maryland, including Charles, Calvert, St. Mary’s, and Prince George’s Counties.
👉 Schedule a consultation today and let’s talk about your options.
