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Basics of Maryland 2nd Degree Assault
Maryland 2nd Degree Assault is a very common charge. We’ve had many clients accused of Assault in the Second Degree for very minor things. In some cases, a heated argument or a simple misunderstanding can quickly escalate into a criminal case. Even without physical contact, merely putting someone in fear of unwanted touching can lead to charges.
Maryland law defines second-degree assault broadly, which means the police and prosecutors often pursue these cases aggressively, even when the evidence is weak. The charge can stem from everyday conflicts: a neighbor dispute, a bar altercation, or even a domestic situation involving no injuries. While it’s classified as a misdemeanor under Maryland law, it carries serious weight—up to 10 years in prison and a criminal record that can follow you for life.
That’s why it’s critical to take the charge seriously and understand your legal options from the start. Read on to learn more about what prosecutors must prove, the potential consequences, and recent changes in Maryland law that could help you move forward.
What Does a Prosecutor Have to Prove for a Maryland 2nd Degree Assault Conviction?
To secure a conviction for Maryland 2nd Degree Assault under § 3-203, the prosecutor must prove each of the following beyond a reasonable doubt:
In this case, the offense is elevated to a felony, punishable by up to 10 years imprisonment, a fine up to $5,000, or both.
That the defendant committed an assault.
(According to § 3-203(a): A person may not commit an assault.)
The nature of the assault defines the penalty:
Misdemeanor 2nd Degree Assault (§ 3-203(b)):
If the assault does not involve causing physical injury to protected persons (see below), it is considered a misdemeanor. A conviction carries up to 10 years imprisonment, a fine up to $2,500, or both.
Enhanced Felony Assault (§ 3-203(c)) applies if:
The defendant intentionally caused physical injury (any impairment of physical condition excluding minor injuries) to another person; and
The defendant knew or had reason to know the victim was one of the following engaged in official duties:
A law enforcement officer,
A parole or probation agent, or
A firefighter, emergency medical technician, rescue squad member, or other first responder providing emergency medical care or rescue services.
A Maryland 2nd Degree Assault Conviction Has Serious Long-Term Effects
In Maryland, 2nd-degree Assault is considered a “misdemeanor.” However, many other states and the federal government disagree. In federal court, any crime punishable by more than a year in jail is considered a felony.
This is the federal definition of a felony. This is different from Maryland law.
If you plead to second degree assault in Maryland, or are found guilty, you will not be able to lawfully possess a firearm according to the federal government. If you believed that you were ill-advised by your attorney with respect to pleading guilty to Maryland 2nd Degree Assault, one of our Maryland Post Conviction Lawyers may be able to help you.
There is Hope: Assault Convictions are Now Expungable!
The Maryland legislature recently recognized that these Maryland 2nd Degree Assault convictions were causing serious problems with good people trying to get decent-paying jobs. Because of that, they passed a law that allows for expungement of Assault convictions as long as some circumstances are met:
- A petition for expungement may not be filed earlier than fifteen years after the petitioner satisfies the sentence or sentences imposed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision for the following offenses.
- The petitioner cannot have any open cases.
Once you have been granted an expungement for your second degree assault charge, you have protections as someone seeking employment (Criminal Procedure § 10-109):
- Disclosure of expunged information about civil citations and criminal charges in an application, interview, or other means may not be required by an employer or educational institute.
- A person need not refer to or give information concerning an expunged charge when answering a question concerning a criminal charge or civil citation that did not result in a conviction or that the Governor pardoned.
- Refusal by a person to disclose information about criminal charges and/or
- civil offenses or infractions that have been expunged may not be the sole reason for an employer to discharge or refuse to hire the person.
Take Action Now — Protect Your Future
If you’re charged with second degree, don’t wait to get the help you need. The consequences can be severe, but you don’t have to face them alone. Our experienced Maryland criminal defense attorneys are ready to review your case and help you understand your options—whether it’s fighting the charges or pursuing expungement to clear your record.
Get your free, no-obligation consultation today. Simply click the link below, fill out the quick intake form, and one of our dedicated lawyers will reach out within 2 hours to discuss your case confidentially.
Protect your rights. Protect your future. Contact us now.
Frequently Asked Questions
What Is The Second Degree Assault?
Second Degree Assault in Maryland refers to causing or attempting to cause offensive physical contact or harm to another person without their consent. It is a broadly defined offense that can include anything from threats of harm to actual minor physical altercations. Despite being labeled a misdemeanor under Maryland law, it carries serious legal and personal consequences.
What Is The Punishment For Second Degree Assault In Maryland?
The punishment for Second Degree Assault in Maryland can be up to 10 years in prison, a fine of up to $2,500, or both. If the victim is a law enforcement officer or a parole/probation agent, the charge becomes a felony, and the fine increases to up to $5,000 while the prison term remains up to 10 years.
Can Second Degree Assault Be Expunged In Maryland?
Yes, Second Degree Assault convictions can now be expunged in Maryland, but only under certain conditions. You must wait 15 years after completing your sentence, probation, or parole, and you cannot have any open cases at the time of filing the petition. Once expunged, employers and educational institutions cannot require you to disclose the expunged offense, and you are legally protected from discrimination based on the expunged record.
