CR 3-203: Assault in the Second Degree

Assault in the second degree is commonly known as simple assault, though defending these cases requires skill and experience. The definition of assault in the Maryland Criminal Code for second degree is not extremely helpful, as the first part basically states that a person may not commit an assault without explaining what that means. The best resource to understand how state lawmakers have defined assault in Maryland is to get a copy of the jury instructions, which the judge or jury must follow in the event that the case goes to trial. The jury instructions for misdemeanor assault provide three scenarios where an assault takes place. The most common is a battery, which is defined as offensive physical contact that was intentional or reckless and not accidental. The contact must not have been legally justified. The second scenario is when a person is accused of committing an attempted battery, which has all the elements of a battery without any proof the defendant actually touched the alleged victim. Finally, a simple assault can be charged when a defendant is accused of intentionally frightening another person, which means placing them in reasonable fear of immediate physical harm. In these cases, the state must prove the defendant had the apparent ability to carry out the harm and was not justified. The assault second degree statute also has provisions designed to protect law enforcement officers, parole and probation officers, firefighters and EMTs. A person who intentionally injures any of these workers in the normal course of their duties can be charged with assault.

If a defendant is accused of punching, pushing or slapping another person he or she will be charged with assault regardless of whether an injury occurred. A person can also be charged with assault for aggressively approaching another person in a fighting stance. Finally, if a person tries to strike another person but misses, he or she could still be charged with assault.

Maryland Criminal Code section 3-202 provides the definition and penalty for assault in the first degree, which is otherwise known as aggravated assault. Aggravated assault carries a harsh maximum penalty of 25 years in prison. Reckless endangerment under Maryland Criminal Code section 3-204 is another similar offense, but it is more frequently charged with felony assault than simple assault.

The most common defense to a Maryland second degree assault charge is that the crime alleged never happened. Second-degree assault is one of the most wrongfully charged crimes in the state because there is no requirement that the state prove an actual physical injury. This means assault cases will often have zero objective evidence and come down solely to the alleged victim’s word against the defendants. Benjamin has won dozens of court and jury trials by establishing the alleged victim was not credible. He has also successfully convinced the State to dismiss the charges in numerous other cases over the last 20 years.

Assault in the first degree is a serious felony offense with a maximum penalty of 10 years in prison and a $2,500 fine. While it is not considered a crime of violence for parole purposes, a conviction for second degree assault or even a PBJ in a domestic assault can result in a person losing his or her right to own and possess a firearm.

Benjamin Herbst is an experienced Maryland second-degree assault lawyer who specializes in domestic violence cases. He handles cases in all jurisdictions throughout the state and understands that it is far too easy to be charged with assault in Maryland. Benjamin can handle your assault bail review on short notice, and he is available 7 days per week to discuss your case at 410-207-2598.