First and Second Assault in Maryland

The two different degrees of assault in Maryland are first and second. First-degree assault is a felony because it involves firearms, and / or involves the offender inflicting serious physical injury. In this case, serious physical injury is defined as an injury creating substantial risk of death or permanent harm.

Maryland law defines first degree assault as:

· Intentionally causing, or attempting to cause, serious physical injury to another

· Committing an assault with a firearm, including a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle

The law states that a person who is found “guilty of the felony of assault in the first degree . . . is subject to imprisonment not exceeding 25 years.”

Second degree assault in Maryland is defined as: the intentional creation (with something other than words), of a reasonable fear in the mind of the victim that they are about to encounter bodily harm.

An example of second degree assault in Maryland could be swinging a baseball bat at a victim, or attempting to punch them. It’s important to remember that assault means the victim reasonably feels threatened. Therefore, the perpetrator’s mindset is irrelevant – only the victim’s mindset is taken into account.

The term “assault” is sometimes heard with “battery.” “Battery” means offensively touching someone without their permission. But in Maryland, “battery” is combined with “assault,” so that the former term means both touching and placing someone in a state of fear.

If you or a loved one have been charged with Assault in Virginia, please visit our Virginia Assault page