Felony vs. Misdemeanor Assault Charges in Maryland

 Posted on January 09, 2025 in Criminal Defense

Assault tends to be more common in the state of Maryland than in most other states, with only 4 percent of other states having a higher risk of assault. The rate of assault in Maryland is 6.317 per 1,000 residents, with the western part of the state considered the safest for this type of criminal offense. In some neighborhoods, the chance of being an assault victim in the state is fairly low, at one in 54, while in others, the chances increase dramatically to 1 in 1,224.

The owner of a Towson restaurant was recently assaulted after confronting two men relieving themselves in front of his business. The assault involved one assailant punching the owner and a handgun, which was pointed at the business owner at one point during the altercation. While the assault was caught on video, the suspects have yet to be located. If you have been charged with assault, you should take the charges very seriously and contact a Harford County, MD criminal defense attorney.  

Two Types of Assault in Maryland

There are two categories of assault in the state – first-degree assault and second-degree assault. The biggest difference between the two is that second-degree assault is a misdemeanor, while first-degree assault is a felony offense.

The crime of assault involves offensively touching another person without that person’s consent, placing him or her in immediate fear. Even when there is no physical contact, if the other person believes he or she is in imminent danger, then assault can be charged.

Second-degree assault charges can be escalated to first-degree when there is an attempt to cause serious physical injury or serious physical injury occurs. Keep in mind, however, that the physical injury does not necessarily have to be what you might consider "serious" to be escalated to first-degree assault.

For example, if you are in an altercation with your neighbor and you punch him, breaking his nose, you could be charged with felony assault. The use of a weapon virtually always escalates the charges to first-degree felony assault.  

What Are the Penalties for First and Second-Degree Assault in Maryland?

A second-degree assault conviction can result in up to 10 years in prison, although if this is your first offense, you could end up with a period of supervised probation. A first-degree assault conviction has much more severe penalties, including up to 25 years in prison. A first-degree assault is defined as a crime of violence in Maryland.

From a parole standpoint, this means you would be required to serve at least 50 percent of your sentence before becoming eligible for parole. If you are charged with first-degree assault, your attorney’s goal may be to negotiate with the prosecutor to lower the charges to second-degree assault. While assault charges seldom qualify for diversion programs, there are always exceptions to the rule.

Are There Defenses to Assault Charges?

Although every case is unique in some way, and your attorney will tailor your defense specifically to the facts and circumstances, there are some common defenses used in assault cases. These include:

• Self-defense (only if you used no more force than necessary to deal with the perceived danger)
• Defense of others
• Defense of property
• Consent by the other person to engage in physical contact
• There was no intent, you did not understand the nature of your actions, or you did not act recklessly or intentionally.
• You acted out of fear for your own safety or the safety of others.
• The police made mistakes during your arrest.
• Your rights were violated during the arrest.

Contact a Northern Baltimore County, MD Assault Lawyer

If you are facing assault charges, you need to act quickly to protect your rights and your future. When you choose a Harford County, MD assault attorney from Baltimore Legal Services, you have taken an important first step toward that goal. Our firm is available 24/7 and has helped more than 10,000 clients facing criminal charges. Call 858-523-8423 to schedule your free consultation.