When someone searches for “aggravated assault Maryland,” they are usually trying to understand what the charge means, how it differs from simple assault, what penalties apply, and what defenses are available. In Maryland, “aggravated assault” isn’t an official statutory term — it’s the informal way of referring to first-degree assault, the most serious assault charge under state law.
This post explains how Maryland defines aggravated assault, what prosecutors must prove, the possible penalties, and how an experienced criminal defense lawyer can help if you’ve been charged in Prince George’s, Charles, Calvert, or St. Mary’s Counties.
What Is Considered Aggravated Assault in Maryland?
Maryland law does not use the phrase “aggravated assault.” Instead, it refers to first-degree assault under Criminal Law § 3-202. A person commits first-degree assault when they:
- Intentionally cause or attempt to cause serious physical injury to another person;
- Use a firearm or other dangerous weapon during the assault; or
- Intentionally strangle or impede breathing or blood flow of another person.
“Serious physical injury” means an injury that creates a substantial risk of death, causes permanent or long-term disfigurement, or results in the loss or impairment of a body part or organ.
If these aggravating factors are not present, the offense typically falls under second-degree assault, which is less severe.
First-Degree vs. Second-Degree Assault
The difference between first- and second-degree assault comes down to intent and severity.
- First-degree assault (aggravated assault) involves serious physical injury, use of a weapon, or intent to cause grave harm.
- Second-degree assault includes acts like unwanted touching, pushing, or minor injuries that do not meet the higher threshold of first-degree assault.
Both are serious criminal charges, but only first-degree assault is classified as a felony. Second-degree assault is generally a misdemeanor, though it can become a felony if committed against a law enforcement officer, correctional officer, or first responder performing their duties.
Penalties for Aggravated (First-Degree) Assault in Maryland
A conviction for first-degree assault in Maryland carries severe consequences:
- Felony classification
- Up to 25 years in prison
- Designation as a crime of violence, which impacts parole eligibility
- Long-term effects on employment, firearm ownership, and background checks
Because it is a crime of violence, a person convicted of first-degree assault must generally serve at least 50% of their sentence before being eligible for parole. Repeat offenders or those with prior violent convictions can face enhanced sentencing.
Penalties for Second-Degree Assault
Second-degree assault can still lead to significant punishment, even though it’s less severe:
- Misdemeanor with up to 10 years in jail and fines up to $2,500; or
- Felony if the victim is a law enforcement officer, firefighter, or other protected individual, with up to 10 years in prison and a fine up to $5,000.
Both first- and second-degree assault charges should be taken seriously. Even a misdemeanor assault conviction can result in a criminal record, job loss, and lasting stigma.
Common Defenses to Aggravated Assault Charges
Every assault case is unique. A skilled defense attorney will analyze the evidence, police reports, and witness statements to identify the best strategy. Common defenses include:
- Self-Defense — You acted to protect yourself or another person from imminent harm.
- Lack of Intent — The alleged act was accidental or did not involve intent to cause serious injury.
- Insufficient Evidence — The prosecution cannot prove the required elements beyond a reasonable doubt.
- Mistaken Identity — You were wrongly identified as the assailant.
- Defense of Others or Property — Your actions were legally justified under the circumstances.
- Constitutional Violations — Evidence obtained through illegal searches or seizures may be suppressed.
An experienced Maryland criminal defense lawyer can often negotiate for reduced charges — for example, from first-degree to second-degree assault — or pursue alternative resolutions depending on the facts.
Why These Cases Require an Experienced Defense Lawyer
First-degree assault is one of the most serious non-homicide crimes in Maryland. A conviction can mean decades in prison and lifelong consequences. In Southern Maryland, courts in Prince George’s, Charles, Calvert, and St. Mary’s Counties treat these cases with the utmost seriousness, especially if weapons or serious injuries are involved.
A dedicated defense attorney will:
- Review the evidence for weaknesses and inconsistencies
- Challenge illegal searches or improper police procedures
- Seek to suppress damaging statements or evidence
- Negotiate plea agreements when appropriate
- Prepare a strong defense for trial if necessary
Take Action If You’re Facing Aggravated Assault Charges
If you or someone you know has been charged with aggravated assault in Maryland, do not wait to get legal help. The earlier an attorney can investigate the facts and preserve evidence, the stronger your defense will be.
The team at Southern Maryland Criminal Defense represents clients throughout Prince George’s, Charles, Calvert, and St. Mary’s Counties in all assault-related cases. We fight to protect your rights, your reputation, and your future.
