What is First Degree Assault in Maryland Montgomery Attorney?

The state of Maryland has many different assault charges, which range from misdemeanors to felonies. These charges cover a wide variety of conduct. Assault in Maryland is defined as the offensive touching or attempted touching of another person without their consent or placing that person in immediate fear of an intentional touching against their consent.

First-degree assault means intentionally causing, or attempting to cause, severe physical injury to another person. Any type of assault committed with a weapon is also considered a first-degree assault. 

The offender that commits first-degree assault has committed a felony and may be sentenced to incarceration for a maximum of 25 years.

It is considered assault when a person:

  • commits battery
  • Tries to commit battery
  • Makes another person afraid of potential battery

By law, a person who tries to commit assault and fails is viewed with the same level of culpability as if he/she had successfully committed the crime. This means that an attempted first-degree assault can also be punishable by up to 25 years in jail.

First-degree assault includes an intent element. This means that it’s not enough to prove only that a person actually did cause severe physical injury to another person. The district attorney (DA) must also prove that the offender intended to do so. An experienced lawyer can try to mitigate the evidence and cause responsible doubt in the minds of the jury as to whether the defendant actually intended to do what he/she did.

First-degree assault is a crime of violence, and because of that, there is a minimum amount of 10 years imprisonment for a second offense. For a third offense, there is a compulsory sentence of 25 years in prison. If the offender is convicted by the fourth time, he/she will be sentenced to life imprisonment with o chance of parole. A second-degree assault is a misdemeanor in Maryland and carries a $2,500 fine with a maximum sentence of 10 years.

The state of Maryland does not allow an offender to expunge a conviction of a felony. Some charges can only be deleted from an offender’s record under certain circumstances, and a first-degree assault conviction is not one of them. Because of this reason, it is very important for a person to hire a well trained and experienced lawyer to manage this case carefully.

Assault on a police officer in the state of Maryland carries an enhanced penalty which differs from a standard second-degree assault of a person who is not a police officer. Assault on a police officer in Maryland is considered as a felony. Whereas an assault on a person that is not a police officer is classified as a misdemeanor.

If a person is convicted of second-degree assault on a police officer in Maryland, he/she could be facing up to ten years in jail or a fine that can reach up to $5,000, or both. A regular second-degree assault on a person who is not a law enforcement officer is only classified as a misdemeanor and the penalty for that crime is ten years in jail or a fine that can reach up to $2,500, or both.

If you need a Maryland First Degree Assault lawyer to help you with your criminal case in Maryland, call us at 888-437-7747. Our Maryland criminal defense attorneys can help you.

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