Maryland 1st & 2nd Degree Assault Charges

Under Maryland law, there are 2 types of assault charges with widely ranging penalties. A charge of 1st degree assault is punishable by up to 25 years in prison, while a 2nd degree charge carries a possible sentence of 10 years. Lesser charges carry lesser potential penalties.

1st degree assault is a very serious charge. It suggests that the alleged victim was either seriously injured or the threat of serious injury was evident. If someone was hospitalized, this usually results in 1st degree assault charges. If the alleged victim gave a statement to police that suggests that there was a weapon brandished or that choking occurred, for example, this will often lead to a 1st degree assault charge. In Maryland, a 1st degree assault charge can even come close to the seriousness of an attempted murder charge depending on the allegations. Maryland prosecutors pursue these 1st degree assault cases aggressively and almost always seek long prison sentences.

Unfortunately, even though 1st degree assault charges are supposed to be reserved for extreme cases which cause serious life threatening injury or where someone was  pointing a gun, all too often, Maryland police ‘overcharge’ people by pursuing 1st degree assault charges even when the facts don’t support this.

2nd degree assault charges range wildly in the nature of the allegations from being pushed against a wall to being smacked, arm twisted, or even just having a phone grabbed out of someone’s hand or throwing an object across the room in the alleged victim’s direction. Often both parties had been drinking and began an argument that got out of hand. So often, what began as a simple argument, often after a few drinks, ends with someone in a jail cell.

Whether the charge is 1st or 2nd degree assault, it will be treated very seriously in every Maryland courtroom.

When facing these charges, it is essential to have an experienced focused assault lawyer on the case as quickly as possible. An experienced skillful assault lawyer can negotiate with the State and often have 1st degree assault charges reduced to 2nd degree assault charges when the facts support it.

In preparing your defense, our firm will first obtain all evidence in the possession of the prosecutor as well as our own evidence to include witnesses, security camera footage, etc We will review your version of events and compare it with what the prosecutor used as the basis for the charge. It is surprising how different and contradictory these two sides can be. Sometimes the prosecution’s main witness has fatal flaws that can undermine his or her credibility on the stand. Sometimes other facts can cast doubt on the prosecutor’s theory of the event.

Allan Rombro will investigate every detail related to the event in order to develop a sound effective defense strategy. He has over 30 years of experience and successfully defended thousands of assault cases in Maryland.