In Maryland, 2nd degree assault is generally a misdemeanor with a maximum potential sentence of 10 years. A 2nd degree assault will be charged as a felony if committed on a law enforcement or probation officer. There are three disjunctive factors for second degree assault, which means the state only needs to prove one of the three in order to get a conviction. The three factors include: intent to frighten, attempted battery, and battery. In order to prove intent to frighten, the state must prove knowledge of the fear, or in other words, that the victim saw the defendant coming at them. For attempted battery, there must be a substantial step toward offensive contact with specific intent to cause offensive contact. A battery is a harmful or offensive contact of another with specific intent to put another in fear or apprehension of an unwanted touching. Usually if there is an offensive contact, then all three factors of 2nd degree assault are met.
First Degree Assault
In Maryland, 1st degree assault is a felony with a maximum potential sentence of 25 years. 1st degree assault can be proved if there is actual or intended serious physical injury or if there is a firearm. You can be charged with 1st degree assault if you have committed any of the three parts of 2nd degree assault with a firearm or with actual or intended serious physical injury.
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