If the prosecutor has charged you with Assault Second in Maryland there are three ways he or she can try to find you guilty. Md. CRIMINAL LAW Code Ann. § 3-203. The three types of Assault Second are:
- Battery. For this type, the State must prove that Defendant caused harm to another, that it was the result of an intentional or reckless act of Defendant and was not accidental, and that the contact was not consented to.
- Attempted Battery. In Maryland, you don’t have to actually have caused an injury to be guilty of Assault 2nd Degree. In an Attempted Battery assault, the State must prove that Defendant actually tried to cause the harm, that Defendant intended to bring it about, and that Defendant’s actions were not consented to.
- Intent to Frighten. This way of proving someone guilty under Assault 2nd is quite different from the first two. In order to convict a Defendant of assault in this manner, the State must prove that the Defendant committed an act with the intent to place the alleged victim in fear of immediate harm or offensiveness, and that Defendant had the apparent ability, at that time, to actually cause this harm and that the alleged victim reasonably feared this immediate, and that the Defendant’s actions were not legally justified.
If you are facing these charges, the prosecutor will look for any one of these three ways to find you guilty at trial. We have handled numerous Assault 2nd cases in Maryland and we would be glad to help you with yours. We offer free consultations. You can reach us at 301.513.7832 or justin.eisele@seddiqlaw.com