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.
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.