Assault 2nd Degree Maryland- What to Know.

Assault 2nd Degree Maryland is probably one of the most commonly charged crimes in the state. However, don’t listen to them when they call it “just a misdemeanor.” This is what you should know.

This “misdemeanor” could get you 10 years in prison.

Without getting into the complicated history of common law offenses, assault 2nd degree can get you up to 10 years in prison and up to a $2,500 fine. The word misdemeanor is misleading because most people think of a misdemeanor as a minor offense that carries, at most, 1 or 2 years in jail.

That’s true in most states. Generally, 10 years in prison is reserved for more serious crimes known as felonies. Not so in Maryland. In fact, not only does assault 2nd degree carry significant prison time, it also comes with hidden additional consequences you may not be aware of.

Defenses to Maryland Second Degree Assault?

Raising specific defenses takes skill and preparation. Below are possible defenses, or partial defenses to a second degree assault.

1. Self-Defense. Depending on the circumstances, you do have a right to defend yourself from harm or the threat of harm. Maryland has robust self-defense case law and history. Anyone charged with assault should review this possibility with their defense attorney.
2. Imperfect Self-Defense. This is sometimes called “partial self-defense” in Maryland. Without getting into the legal complexities an imperfect self-defense is an action you took that may have been partially justified, partially unjustified. It is not complete defense but, depending on the circumstances, it can reduce the crime you are convicted of and severely limit your exposure as far as potential jail time.
3. Defense of Others. In Maryland, defense of others exists in certain circumstances where you take reasonable action to defense another person against an assault. This often happens when someone tries to protect a family member or friend. This defense, if shown, can result in a not guilty for your case.
4. Alibi. An alibi defense is where a witness can place you at a certain place at the same time of the offense that is in another location than the offense. If that alibi witness is believed then it can mean a not guilty in your case. Alibi defenses must be disclosed and so early preparation is critical if you will be relying on this defense.
5. Defense of Property. Defense of property is a complicated defense and Maryland case law is unique. If you can show that you used non-deadly force to defend your property you may be able to use this as as defense to your second degree assault case.
6. Consent. If another person consents to you touching them then you may have this as a defense to your case. This typically happens when someone alleges an unlawful touching but there is evidence that the parties were in a consensual touching situation. This can be quite difficult after the “Me Too” movement so any reliance on this must involved thorough investigation and resources.
7. Lack of Mental State. Assault requires not just an unlawful touching but also the required mental state. The act may be an accident or the client may be suffering from such a serious mental health issue at the time that the prosecutor cannot prove intent. Relying on mental health evaluation takes experts and expert fees. We know some of the best and always explore this as an option.
8. Duress. Duress is a common law defense in Maryland. The Courts have used this definition of duress: [T]o constitute a defense, the duress by another person on the defendant must be present, imminent, and impending , and of such a nature as to induce well grounded apprehension of death or serious bodily injury if the act is not done. It must be of such a character as to leave no opportunity to the accused for escape . Mere fear or threat by another is not sufficient nor is a threat of violence at some prior time. The defense cannot be raised if the apprehended harm is only that of property damage or future but not present personal injury. … [T]he defense cannot be claimed if the compulsion arose by the defendant’s own fault, negligence or misconduct. McMillan v. State, 428 Md. 333, 348-49, 51 A.3d 623 (2012) (emphasis added) (internal quotations and citations omitted).To generate this defense, a defendant must meet the “relatively low threshold” of showing “some evidence” of duress. 428 Md. at 355, 51 A.3d 623.

Every case must have a theory of defense and each case is unique. Our attorneys will use their 40+ years of experience to craft a defense is your case.

No more gun rights with a misdemeanor Maryland assault.

In many states, and in most circumstances, a misdemeanor will not result in a loss of firearm rights under state or federal law. This is not the case with assault second degree Maryland.

Since second degree assault is punishable by up to 10 years, it is considered a felony under federal law. 18 U.S.C § 3156 (a)(3). This blindsides many clients because lawyers and courts don’t take the charge seriously.

In fact, many times the attorney or judge will not warn them of the loss of firearm rights when pleading guilty to an assault 2nd degree. We have clients hire us to post-convict their lawyer for this bad advice.

Any violent looking or sounding offense like “assault” ,even if it is a “misdemeanor” under Maryland law, is going to look bad to future employers.

It does not take much to convict you of assault 2nd degree Maryland.

Causing injury is just one way of getting a conviction for 2nd degree assault in Maryland.

You can also be convicted for putting someone in immediate fear of physical harm or attempting to cause physical injury but failing in that attempt.

2nd degree assault is a serious charge. It can be completely “he-said / she-said.” Do not go to court for assault without a lawyer. Treat this case like it is a felony because that is how serious the consequences are.