First Degree Assault
First degree assault is a felony charge. A person is guilty of assault in the first degree if he or she causes serious physical injury to another person. “Serious physical injury” includes any injury that:
-
Creates a substantial risk of death
-
Causes permanent disfigurement
-
Causes loss of functionality in any part of the body
-
Impairs the function of any part of the body
Second Degree Assault
There are three ways a prosecutor can prove second degree assault:
-
that a person offensively touched another without consent
-
that a person placed another in reasonable fear of being touched or harmed without consent
-
or that the perpetrator attempted to offensively touch a person without consent
Bodily harm is not required. Second degree assault is so easy to prove, it has become the darling of prosecutors, and perhaps the most charged, and over-charged, crime in the state. A conviction carries a penalty of up to 10 years.
Frequently Asked Questions About Evidence And Proof In A Maryland Criminal Trial
There are a lot of people out there with assault convictions. These types of blemishes on a record can prevent you from getting a job or the housing you want. I've handled hundreds of criminal prosecutions through the years. Getting in front of a situation, and then managing that situation properly can make all the difference. That difference can have lifelong consequences.