CR 3-202: Assault in the First Degree

Assault in the first degree is Maryland’s version of aggravated assault. It requires the state to prove that a simple assault took place plus an additional aggravating factor. Simple assault or assault in the second degree occurs when a defendant commits an intentional act that places another person in fear of imminent harm. This could be by an unwanted touching (battery) or a threat to do harm. There are three additional facts that can elevate a simple assault to a first-degree assault. The state only needs to prove one of these facts to sustain a conviction. Perhaps the most common scenario is when a defendant is accused of causing or attempting to cause serious physical injury. Serious physical injury is defined as an injury that creates a substantial risk of death or one that causes permanent disfigurement, impairment or loss of function to a body part. The second additional fact would be when a defendant is accused of committing as assault with a firearm. The firearm does not have be discharged or used in any other matter. Finally, a defendant may be charged with first-degree assault based on an accusation of intentional strangulation.

If a defendant is accused of trying run another person over with a vehicle, he or she may be charged with assault in the first degree for attempting to cause serious physical injury. Other examples of assault in the first degree include a physical altercation where a victim suffers a fractured orbital or a fractured skull that results in a concussion. Assault with a firearm can be charged if a person is accused of brandishing a firearm during an argument. The firearm does not have to be pointed at the victim if it is displayed in a threatening manner. Assault by strangulation is typically seen in domestic violence cases when a defendant is accused of choking the victim. There is no requirement that the state prove the victim lost consciousness or was permanently injured.

Maryland Criminal Code section 3-203 provides the definition and penalty for assault in the second degree, which is otherwise known as simple assault. Assault in the second degree carries a maximum penalty of 10 years in prison and a $2,500 fine. Reckless endangerment under Maryland Criminal Code section 3-204 is another similar offense, and along with simple assault is a common lesser included offense to felony assault.

The most common defense to a Maryland first-degree assault charge is that the defendant did not commit the acts alleged. We have won numerous trials by proving the alleged victim was not credible, and sadly false accusations of assault are far too common in Maryland. Other defenses to assault in the first degree include arguing that the state did not establish sufficient proof of serious physical injury. This defense often comes down to expert medical testimony, and Benjamin has extensive experienced cross examining medical experts. He can also locate and retain a defense medical expert if that would be helpful to the case.

Assault in the first degree is a serious felony offense with a maximum penalty of 25 years in prison. There is no specific fine provided in the statute.

Benjamin Herbst is an experienced Maryland first degree assault lawyer who specializes in domestic violence cases. He handles cases in all jurisdictions throughout the state from the Baltimore and D.C. Metro area to the Eastern Shore. Benjamin has won numerous assault trials for cases involving strangulation, physical injury and assault with a firearm. He is available 7 days per week to discuss your case at 410-207-2598.