We know that facing criminal charges is one of the most stressful experiences a person might endure. While second-degree assault is technically a misdemeanor in Maryland, it carries a maximum penalty of 10 years in prison, a sentence longer than many felonies in other states.
This reality is compounded by an unfair bias from the very beginning. When police respond to a call, whether it is a domestic dispute or a bar altercation, they typically make a quick decision about who to arrest based on limited, one-sided information. The police report is rarely the whole story, yet it becomes the foundation of the State’s case against you.
As Rockville, Maryland second-degree assault lawyers, our role at Seddiq Law is to dismantle that one-sided narrative and bring the full context to light. We handle the difficult legal work, from dissecting witness credibility and challenging constitutional violations to negotiating with prosecutors. This allows you to focus on what matters most: keeping your life, your family, and your employment intact.
If you have been charged or are under investigation for assault, do not wait for the situation to develop. Call Seddiq Law immediately at (301) 513-7832 to talk to a Maryland criminal defense attorney.
Why Choose Seddiq Law for Your Defense?
Facing a second-degree assault charge means the power and resources of the State of Maryland are aligned against you. A conviction alters the course of your life, affecting your freedom, career, and reputation.
In this situation, a generic, high-volume legal approach is not enough. You need a defense team that is as invested in your future as you are.
A Legacy of Fierce, Faithful, and Fearless Advocacy
Our firm’s founder, Mirriam Z. Seddiq, has built a reputation over 25+ years of legal experience as a tenacious trial lawyer and appellate advocate.
We are not a high-volume practice that prioritizes quick plea deals over thorough defense. Seddiq Law is a boutique practice where every case receives deep, intellectual scrutiny. Our approach is built on the belief that a successful defense requires meticulous preparation and a willingness to challenge the prosecution at every turn.
Proven Track Record in High-Stakes Cases
Our team at Seddiq Law has handled hundreds of state and federal cases, and we are prepared for difficult litigation. This extensive experience includes successfully overturning a 40-year sentence and consistently achieving favorable outcomes in difficult circumstances.
Our work has earned recognition from Super Lawyers, an honor reserved for the top 5% of attorneys, and a Superb rating from Avvo.
Because we also handle appeals and post-conviction work, we understand precisely where trial errors happen. This gives us a unique perspective, allowing us to build a proactive defense from the very beginning that anticipates and counters the prosecution’s strategies.
Local Knowledge and Accessibility
Our office is located at 100 South Washington Street, Rockville, MD 20850. This places us just blocks from the Circuit Court for Montgomery County, which is located at 50 Maryland Avenue.
This proximity to the courthouse allows for swift action on court filings, impromptu meetings, and appearances, ensuring your case moves forward without unnecessary delay. We are deeply familiar with the local Rockville court system, its judges, and its prosecutors.
Being part of the Rockville community means we understand the unique pressures its residents face, particularly the high number of federal employees and contractors for whom a conviction could be career-ending.
Hablemos Español
To serve our diverse community better, we offer services in both English and Spanish, ensuring communication is always clear and direct.
Potential Case Outcomes and Remedies
Dismissal and Acquittal
The best possible outcome is a complete dismissal of the charges or an acquittal (a not guilty verdict) at trial. This is our primary goal in every case we handle.
Achieving this result requires a proactive and aggressive defense. It might involve dismantling the State’s evidence piece by piece, filing motions to suppress illegally obtained evidence, proving you acted in self-defense, or demonstrating a lack of criminal intent.
Probation Before Judgment (PBJ)
Maryland law offers a unique and valuable disposition called Probation Before Judgment (PBJ).
If the court grants a PBJ, you are placed on probation without a conviction being entered on your public record. This is not an admission of guilt that follows you forever. As long as you successfully complete the terms of your probation (which may include anger management, community service, or staying out of trouble), the finding of guilt is struck.
A PBJ is an indispensable tool for preserving careers, especially for those who hold professional licenses or security clearances.
Mitigating Sentencing and Collateral Consequences
When a dismissal or PBJ is not achievable, the objective shifts to minimizing the impact. This involves presenting a compelling case for mitigation to the judge to avoid jail time in favor of a suspended sentence or probation. However, the court-ordered sentence is only part of the picture. We must also address the collateral consequences (the hidden penalties that follow a conviction).
For many professionals in the Rockville and D.C. area, these consequences are devastating. A second-degree assault conviction may impact:
- Security Clearances: An assault conviction triggers an immediate suspension or revocation of a security clearance, which is a career-ender for many government and contract workers.
- Immigration Status: For non-citizens, an assault conviction could lead to deportation or render you inadmissible in the future.
- Child Custody: In family law disputes, a conviction for a violent crime is used against you to limit or deny custody and visitation rights.
Where Assault Charges Commonly Originate in Rockville
Assault charges do not arise in a vacuum. They are typically the result of tense situations, misunderstandings, or escalating disputes in specific environments. In Montgomery County, we see these charges frequently originate from a few key types of locations, each with its own unique dynamics.
Tensions escalate quickly in these environments, leading to legal trouble:
- Rockville Town Center & Pike & Rose: These high-traffic areas are filled with restaurants, bars, and entertainment venues. The presence of alcohol fuels misunderstandings that spiral into arguments or physical altercations. Police responding to these scenes are looking to make a quick arrest, and in mutual combat or bar fight situations, they may arrest the person they perceive to be the primary aggressor, regardless of who started it.
- Residential Neighborhoods (King Farm, Fallsgrove, Twinbrook): Domestic disturbances are a common source of assault charges. Montgomery County has aggressive prosecution policies when it comes to domestic violence calls. If police are called to a home and there is any allegation of unwanted physical contact, it is very rare for them to leave without making an arrest.
- Transit Hubs: Incidents at or near the Rockville Metro station happen between commuters during rush hour or as a result of other disputes in a crowded public space.
Remember that the Montgomery County State’s Attorney’s Office prosecutes violent crimes with vigor. This means that attempting to resolve the situation by speaking with police at the scene is almost never a viable strategy. Once an arrest is made, the prosecutor’s office takes control.
Understanding Maryland’s Second Degree Assault Laws
You may not have intended to harm anyone, yet you find yourself facing serious penalties. Maryland law defines second-degree assault in a broad way that covers more than just a typical fistfight.
What Constitutes Second Degree Assault? (CR § 3-203)
Under Maryland Criminal Law § 3-203, second-degree assault encompasses three distinct types of actions. You do not need to cause a serious injury to be charged.
The law covers:
- Intentional Physical Contact (Battery): This is the most common form. It involves any offensive or unwanted physical contact with another person, such as hitting, pushing, or even spitting. The key is that the contact was not accidental.
- Attempted Battery: This occurs when you try to make physical contact but fail. For example, swinging your fist at someone and missing is still considered a form of assault.
- Intent to Frighten: This involves threatening actions that place another person in reasonable fear of immediate harm. An example would be lunging at someone or raising a fist in a menacing way. The State must prove you had the apparent ability to carry out the threat.
The Intent Factor
An accident is not an assault. The State has the burden of proving that you acted with specific intent.
This is the primary battleground for the defense. Did you intend to make contact? Did you intend to cause fear? If your actions were accidental, reflexive, or misunderstood, that forms the basis of a powerful defense. We scrutinize the evidence, or lack thereof, to challenge the prosecutor’s claims about your state of mind.
Common Legal Defenses
Every assault case is different, but several powerful defenses are frequently raised.
- Self-Defense: You have a right to use reasonable force to protect yourself from harm. If you reasonably believed you were in immediate danger, your actions may be legally justified.
- Defense of Others: Similarly, you are permitted to use reasonable force to protect another person, such as a spouse, child, or friend, from an attacker.
- Consent: In some limited scenarios, such as mutual combat or athletic competitions, consent is a defense. If both parties willingly entered into a physical confrontation, it may negate an assault charge.
- Credibility Disputes: Many assault cases involve conflicting accounts from the parties involved. In these situations, our job is to investigate the accuser’s story for inconsistencies, contradictions, and potential motives for lying or exaggerating.
Dealing with the State’s Attorney (The Opposing Party)
Once you are charged, you are no longer dealing with the police or the accuser. Your legal opponent is the State of Maryland, represented by a prosecutor from the Montgomery County State’s Attorney’s Office.
What to Watch Out For
- Investigator Outreach Tactics: After you have been charged, a detective may contact you and act sympathetic. They might say they just want to “hear your side of the story.” This is an investigative tactic designed to get you to make statements that can be used against you in court. Never speak to law enforcement without your lawyer present.
- Pressure Tactics: At your first court appearance, a prosecutor may offer a seemingly attractive, quick plea deal to resolve the case immediately. Again, never accept any plea deal without consulting your attorney.
- Delay Tactics: The State has vast resources and is sometimes slow to provide discovery (the evidence they have against you). This creates pressure on you to accept a plea deal just to end the uncertainty. We push back forcefully to ensure your right to a speedy resolution is honored and that we have all the evidence needed to build your defense.
Steps to Take After an Arrest
While we build and defend your case, there are a few steps you can take to protect your rights:
Write a Narrative for Your Lawyer: While the events are still fresh in your mind, write down everything you can remember about the incident. Detail what led up to it, who was present, and what was said. Mark this document clearly with Attorney-Client Privileged Communication and provide it only to your attorney.
Exercise Your Right to Silence: Do not discuss the incident with anyone. This includes friends, family, and especially the accuser. Do not talk about it over the phone, via text message, or on social media. Anything you say can and will be used against you.
Preserve Digital Evidence: If you have text messages, emails, social media messages, or voicemails from the accuser, save them immediately. This communication might show a motive to lie, a bias against you, or a version of events that contradicts what they told police.
Suspend Social Media Activity: Stop posting on all social media platforms. Do not check in at restaurants or other locations. Prosecutors are known to mine social media accounts for photos or posts they twist to show a lack of remorse or to contradict your defense.
Document Injuries: If you acted in self-defense and were injured, take clear, high-quality photographs of any scratches, bruises, torn clothing, or other injuries immediately. Do this before they begin to heal.
FAQ for Second Degree Assault in Maryland
What is the difference between first and second degree assault?
First-degree assault is a felony that involves causing or attempting to cause serious physical injury or using a firearm. Second-degree assault covers all other forms of assault not classified as first-degree, but as a penitentiary misdemeanor, it still carries up to 10 years of prison time and is treated with felony-level seriousness by the courts.
Can the victim drop the charges against me?
No. In Maryland, the State’s Attorney’s Office brings the charges, not the victim. While the accuser’s cooperation is important, the prosecutor may decide to move forward with the case even if the accuser wishes to stop.
Can I expunge an assault charge?
If you are acquitted or the case is dismissed, you may petition for expungement. If you receive a PBJ, you may be eligible to expunge the record three years after the probation ends. A conviction for second-degree assault is generally not eligible for expungement for at least seven years after the sentence is completed.
Do Not Let One Moment Define Your Future
Being charged with a crime is not the same as being guilty. There are always two sides to every story, and the narrative contained in a police report is only one of them. The prosecution is required to prove its case beyond a reasonable doubt, and our job is to hold them to that high standard.
You need a defense team that understands the intersection of criminal law, the procedures of the Rockville courts, and the high-stakes collateral consequences that affect your career and life. We are prepared to stand with you and fight for your future.
Take control of your defense today. Contact Seddiq Law at (301) 513-7832 to begin building your strategy.
Law Offices Of Seddiq Law
Address: 100 South Washington
Rockville, MD 20850
Phone: (301) 513-7832