In Maryland, there are two general types of assaults under Maryland sections 3-202 and 3-203 of the MD Criminal Code.
Maryland Laws Section 3-202 is the more serious of the two sections and deals primarily with first degree offenses. Although a second-degree assault is considered a lesser offense, it is still a serious charge that can result in a sentence of up to 10 years imprisonment and a fine of $ 2,500.
An assault lawyer in Maryland can help you prepare a strong defense if you have charges of assault or domestic violence. A free initial interview with a assault lawyer in Maryland can help you determine if a criminal complaint is viable in your particular case. Maryland law also includes a number of different laws relating to personal injury and domestic violence that differ in their punishments according to the nature of the alleged crime. For example, the assault on a law enforcement officer, probation officer, or probation officer is a very serious state accusation, resulting in a possible ten-year sentence and a fine of $ 5,000 under Section 3-203 (c) (2).
Maryland Assault Laws
Section 3-202 of the Law of the State of Maryland prohibits individuals from intentionally or accidentally causing serious bodily harm to another person. Section 3-202 also sets penalties for attacking with a lethal weapon in Maryland, including antique firearms, machine guns, regulated firearms, and shotguns. An assault with a deadly weapon is almost always considered an attack in the first degree.
First Degree Assault
First-degree assault is a very serious charge in Maryland that can be punished with imprisonment of up to 25 years.
In order to be charged with first-degree assault, the state must prove: That the crime meets all elements of the second-degree attack, and The crime was committed with a firearm, or the intent of the attack was a serious assault.
Maryland defines serious injury as a scenario that poses a reasonable risk of death to the alleged victim or results in serious injury that disfigures the victim or interferes with body function. If you have been charged with a first-degree assault injury in Maryland, an experienced assault lawyer in Maryland can help you understand your charge and how you can best act.
Second Degree Assault
A second-degree assault differs from a first-degree assault in Maryland in that it is a less serious charge, but with a significant potential punishment but a skilled assault lawyer can help you fight an assault charge in Maryland.
The maximum penalty for second-degree assault is ten years in prison. In Section 3-203, any unwanted physical contact may be considered an assault, even if it ultimately does not cause injury.
Attacks that pose no risk of death or serious injury are usually considered second-degree attacks. However, there are a few exceptions that are discussed below.
Attack on a law enforcement officer, probation officer
Even a second-degree assault in Maryland can be punishable as an offense if the attack is allegedly committed against a law enforcement officer, a probation officer, or a probation officer. Criminal charges usually only arise when the alleged victim has fulfilled his official duties or is more than minor injuries (resulting in physical harm). Under Section 3-203, anyone who attacks a second-degree state agent, including a law enforcement officer, is found guilty of a crime punishable by imprisonment of up to ten years and / or a maximum fine of $ 5,000. If you are charged with assaulting a law enforcement officer, you should be aware of the gravity of the charge. If the attack is committed with a deadly weapon, it can happen that first-degree attacks and second-degree attacks do not occur. A Maryland lawyer who deals with abuses is critical to helping you navigate the Maryland court system.
Maryland Reckless Endangerment
According to section 3-204 of the Criminal Code, a reckless endangerment act is illegal.
This section states that a person does not: Discharge a firearm recklessly from a car or other motor vehicle, so there is a serious risk that another person will be injured or killed Reckless conduct that poses a significant risk of physical injury or death to another person
The punishment for this offense, according to the Code of Ethics Section 3-204 (b), is a conviction for an offense, a fine of up to $ 5,000 and imprisonment of up to five years. Section 3-204 (c) lists the exceptions for reckless endangerment threats.
The section on the reckless endangerment of another person shall not apply to the manufacture, manufacture or sale of a good or a product or to the use of a motor vehicle within the meaning of Section 11-135 of the Transport Code. According to this regulation, a motor vehicle is a vehicle that is powered by electric overhead lines or self-propelled and is not operated on rails. This code states that mopeds and scooters are not considered motor vehicles. In addition, the section on the reckless discharge of a firearm from a motor vehicle does not apply to security officers or law enforcement officials in the performance of official functions or to persons acting in defense of a violent crime, including attempted carjacking.
Domestic Violence and Assault
Domestic violence in Maryland does not necessarily mean physical contact, an important difference, especially with regard to state protection orders. Some behaviors that are covered by the Maryland Domestic Violence Act may include threatening comments, controlling access to friends / family, and physical abuse. Domestic violence can lead to a large number of charges, depending on whether there has been a first or second degree of assault during the alleged conflict.
In most cases, a court in Maryland issues a court order or enforces an out-of-state protection order for the victim. If you are charged with domestic violence or have a protection order in place, a domestic violence lawyer in Maryland can help you understand the charges and challenge the lawfulness of the order.
Domestic violence is governed by Maryland Family Law, beginning with Section 4-508.1, which describes the penalties for violating a protection order outside the state. While all offenses are usually charged as an offense, the penalty depends on the number of offenses. For example, first-time domestic violence offenders face up to ninety days in jail and a fine of $ 1,000. For subsequent domestic violence violations, the maximum term of imprisonment may be increased to one year and the fine to possibly $ 2,500. If the Maryland Protective Order is issued and violated, the perpetrator can be sentenced under FL Section 4-509, which is 90 days imprisonment and a $ 1,000 fine for first-time offenders. Violations can be punished with a maximum of one year imprisonment and a fine of $ 2,500.
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