First and Second Degree Assault

David Martella and Raquel Smith are experienced criminal defense attorneys who have have a deep understanding of Maryland’s assault laws. Our team is equipped to handle cases involving first and second degree assault charges. We believe it is essential to understand the differences between these two degrees of assault, as it can impact the severity of the legal consequences one might face.

First Degree Assault in Maryland

Under Maryland law, first degree assault is a felony and is considered more severe than second degree. It involves intentionally causing or attempting to cause serious physical injury to another person. Serious physical injury refers to any injury that creates a substantial risk of death or causes permanent or protracted serious disfigurement, loss of the function of any bodily member or organ, or impairment of the function of any bodily member or organ. First degree assault is also charged when a person strangles another person. A conviction of first degree assault can result in penalties including imprisonment not exceeding 25 years.

First degree assault also includes a firearm-based offense, where the accused is alleged to have used a firearm to commit or attempt to commit an assault. Many people get charged with this version of first degree assault because they do not understand the limits in Maryland for pointing a gun at someone. We have represented individuals in these situations that resulted in charges of first degree assault:

• A homeowner hears a noise outside and sees two men attempting to break into his car in the driveway. The homeowner comes out on to the porches, raises his shotgun to his shoulder, pointing it at the two men while yelling: “Get away from the car!” The men then run. This person was charged because, according to the prosecutor, the two men presented no physical danger to the homeowner that justified the threatened use of deadly force.
• An elderly man hears a loud knock at his door. When he looks up, he sees his front door wide open and a contractor seeking payment on an overdue bill. The contractor steps into the entrance of the house while stating he is there to collect payment. The elderly man grabs a shotgun from the corner of the room and points it, while yelling: “Get out of my house or I will shoot.” This person was charged because the prosecutor’s office believed the homeowner was not presented with any reason to be in fear of harm, although it appeared to the homeowner was breaking into his house.
• A business owner sees a suspicious vehicle driving around the back of his business late at night. He goes outside to investigate, taking with him his lawfully permitted handgun. When the car sees him, the car accelerates directly at the store owner. The store owner puts his hands in the air to signal to the driver to stop, but the car continues to driver directly at the store owner. Believing he is about to be killed, the store owner draws his weapon and fires. This person was charged because the prosecutor’s office believed there was no reason to shoot at the vehicle, and further believed that the store owner could have avoided injury by jumping out of the way. The prosecutor’s office also did not believe it was reasonable for the store-owner to believe that the driver was driving at the store owner with an intent to harm the store owner.
• A homeowner hears a noise outside and eventually finds a worker for the gas company outside turning off the main gas line to the house. The worker tells the homeowner that he is there to turn off the gas because the homeowner has not paid the bill for several months. The homeowner then produces a handgun from behind his back. Without pointing it that the worker the homeowner, tells the work to leave. The work sees the gun and then leaves. This person was charged because the State believed the display of the gun was an threat, and case law indicates that even if a gun is not pointed at a person, a threat, coupled with a imminent ability to use the gun, can be enough to find a person guilty of first degree assault.

These cases were eventually resolved favorably for our clients. However, these cases reveal how people with innocent intentions can find themselves on the receiving end of very serious and frightening allegations. Each of these clients was charged with felony first degree assault, as well as the charge of use of a firearm in a the commission of a felony (first degree assault). Use of a firearm in the commission of a crime of violence requires the sentencing judge to send the defendant to prison without the possibility of parole for at least five years.

Second Degree Assault in Maryland

Second degree assault is a slightly less severe charge. Unlike first degree assault, which is a felony, second degree assault is a misdemeanor. It involves causing or attempting to cause physical injury to another person, where physical injury is any impairment of physical condition, excluding minor injuries. This can include acts where the accused has intentionally frightened another person into believing that they are about to be seriously hurt.

Even though it’s less severe than first degree assault, a conviction for second degree assault can still result in significant legal penalties including imprisonment not exceeding 10 years, or a fine not exceeding $2,500, or both.

If you find yourself facing first or second degree assault charges in Maryland, it is crucial to get legal representation. The team at Barry H. Helfand & David Martella is ready to provide the legal counsel and representation you need. Reach out to us at (301) 251-9001 to discuss your case.