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 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 Maryland 2nd Degree Assault? These are not cases to take lightly.

What Does a Prosecutor Have to Get Conviction for Maryland 2nd Degree Assault

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.

A Maryland 2nd Degree Assault Conviction Has Serious Long-Term Effects

In this state, Maryland 2nd Degree Assault is considered “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.

Maryland 2nd Degree Assault
This is the federal definition of a felony. This is different from Maryland law.

If you plead to Maryland 2nd Degree Assault, 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 Maryland 2nd 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.

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