First Degree Assault

Defense Lawyer Baltimore MD - Assault, Battery Attorney | Eric T. Kirk - maryland_criminal_lawyerFirst 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. 

What Is Reckless Endangerment? 

What Is The Difference Between First And Second Degree Assault?


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