Under the Maryland criminal code, there are two levels of assault: first and second degree. If you are arrested and charged with assault, the degree of the charge matters greatly because different potential penalties apply. If you are convicted of second-degree assault, there is a possible jail sentence of 10 years. For assault in the first degree, the potential sentence is 25 years. If you have been arrested or charged with assault, call the top-rated and experienced Maryland criminal defense lawyers at the Law Office of Robert Castro. Use our contact page or call us at (301) 870-1200. We are available 24/7, around the clock. We have offices in Waldorf, Maryland. Contact us and we can discuss the particulars of your case and possible defenses.

Under the criminal code, the degrees of assault are “nested.” That is, to prove assault in the first degree, Maryland prosecuting attorneys must first prove the criminal elements of assault in the second degree.

Then, the prosecutors must prove the existence of at least one of the aggravating factors. The aggravating factors include assault with a weapon, a battery that results in bodily injury, assault on a police or correctional officer, and more. There are also many “unofficial” aggravating factors that will be considered in how Maryland prosecuting attorneys charge the crime and how criminal judges will sentence a convicted offender. These unofficial factors include any racial aspect of the assault, domestic violence, assault on a minor, an elderly or frail individual, the level of battery (a slap vs. a punch vs. a kick to the head), etc.

Assault in the second degree has three types, which are commonly called:

• An “intent to frighten” assault
• An attempted battery assault and
• An actual battery assault

To prove the first type of second-degree assault, the prosecutors must prove that accused (1) committed some act with the intent to put the victim “in fear of immediate physical harm”, (2) that the accused had the actual or apparent ability, at that time, to bring about the physical harm and that (3) the victim knew of the impending battery. To prove the other two types of second-degree assault, prosecutors need not prove any level of fear generated in the mind of the victim. Instead, all that is required is proof of an intent to make unwanted touching. If the touching was unsuccessful, then the charge is attempted battery. If the touching succeeded, then the charge is the third kind of assault. The difference between the three might be summarized as: threatening to take a swing at someone, throwing a punch that misses, and throwing a punch that connects.

As noted, if you are charged with assault in any degree, it is important to have legal help from an experienced Maryland defense attorney. Possible defenses include mistake, misidentification, alibi, failure of proof, self-defense or of others, provocation, etc.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.