One of the most common charges in the state of Maryland is Assault in the 2nd Degree. Many of our clients are accused of Assault in the Second Degree for very minor things. In fact, an angry girlfriend and a mere accusation can lead to serious potential penalties against you. Did you know you can face up to 10 years in prison for the charge of Assault in the Second Degree? These are not cases to take lightly.prison-370112_1920

To prove a case against you they have to prove the following beyond a reasonable doubt:

§ 3-203. Assault in the second degree.

(a)  Prohibited.- A person may not commit an assault.

(b)  Penalty.- Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.

(c)  Law enforcement officer.-

(1) In this subsection, “physical injury” means any impairment of physical condition, excluding minor injuries.

(2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is:

(i) a law enforcement officer engaged in the performance of the officer’s official duties; or

(ii) a parole or probation agent engaged in the performance of the agent’s official duties.

(3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

Maryland classifies Assault in the Second Degree as a misdemeanor. However, many other states, and the federal government don’t share the same point of view. Any crime punishable in excess of a year in jail is considered a felony in federal court. If you plead to Assault 2nd, or are found guilty, you will not be able to lawfully possess a firearm according to the federal government.

If you are charged with this crime give us a call at 301.513.7832. Or, you can email at : justin.eisele@seddiqlaw.com