Maryland Assault Lawyer

Understanding Assault Charges in Maryland

The law defines an assault as intentionally causing or attempting to cause a substantial risk of serious physical injury or death to another person. In addition, “physical injury” is defined as “any impairment of physical condition, excluding minor injuries.”

The Maryland Criminal Code breaks assault down into first degree (felony) and second degree (misdemeanor). There are separate charges for law enforcement officer, or probation or parole officer.

If you have been arrested and charged with assault, pleading guilty is not an option. You would benefit from an experienced Maryland assault lawyer who knows how to navigate the criminal justice system and get the best possible outcome for your case. If you plead guilty, you could be facing jail time, a fine, or both.

What Is First Degree Assault in Maryland?

There are generally two types of  assault charges in Maryland, including first degree assault and second degree assault. Maryland Criminal Code Section 3-202 defines felony assault as first degree assault. It carries a maximum penalty of 25 years in jail.

Maryland first degree assault carries more severe incidents, like a firearm being used to commit a crime. Whenever a deadly weapon is used in the allegations, the State will almost always charge first degree assault.

To convict someone of first degree assault, the State must prove that an assault occurred with a firearm or that the accused intended to cause a serious bodily injury. To constitute “serious bodily injury,” the assault must present a reasonable risk of death or an actual serious injury.

When charged with first degree assault, it’s essential to consult with an experienced Maryland criminal defense lawyer. 

Because of the severe nature of this charge, a typical assault charge for a first degree can involve substantial jail time. The punishment can be worse for someone who has priors if it’s a second or serious offense.

What Is Second Degree Assault in Maryland?

The definition of Second Degree Assault can be found in Maryland Criminal Code Section 3-203. It is a misdemeanor, and it carries a maximum penalty of 10 years in jail and/or a $2,500.00 fine.

Unlike most states, the Maryland Criminal Code permits misdemeanors to have a maximum penalty of more than one year in prison.

The crime of assault on a police officer, parole, or probation officer similarly carries a maximum penalty of 10 years in jail. Still, the maximum fine is increased to $5,000.00, and assault under these circumstances is a felony.

Under the Maryland Criminal Code, any unwanted physical contact can constitute an assault even where the complaining witness does not sustain an injury. In fact, an assault can occur with no actual physical contact.

For example, you could swat a coffee cup out of someone’s hand, technically constituting an assault under Maryland criminal laws. Spitting on someone similarly constitutes assault in the second degree.

• Build a strong defense strategy: We review all evidence, witness statements, and police reports to find gaps in the prosecution’s case. Maryland assault charges often rest on claims of intent or threat. We challenge these claims head-on and expose weak spots in the state’s argument.
• Challenge evidence and witness credibility: We question how police gathered evidence and whether witnesses actually saw what they claim to have seen. We file motions to suppress evidence obtained illegally or improperly. We cross-examine prosecution witnesses to test their accuracy and bias.
• Negotiate with prosecutors: We work directly with the state to discuss reducing charges or seeking dismissal. Many assault cases settle before trial when the evidence is weak. We push for the best possible outcome, whether that means a reduction to a lesser charge or case dismissal.
• Prepare for trial if needed: If your case goes to court, we build a solid defense and present it clearly to a judge or jury. We know Maryland courts, judges, and prosecutors. We use this knowledge to your advantage in the courtroom.
• Protect your rights at every stage: From arrest through trial, we make sure police follow the law. We ensure you understand your options and what happens next. We keep you fully informed about your case and what we’re doing.
• Handle bail and release issues: We work to get you released before trial on fair terms. We attend bail hearings and fight for your freedom while your case moves forward.
• Minimize long-term damage: We help you understand how a conviction affects your job, housing, and future. We fight to reduce charges and seek outcomes that protect your record and reputation.

Legal guidance from an experienced assault lawyer helps you navigate the complexities of an assault charge.

Why Choose Scrofano Law PC for Your Maryland Assault Defense

When you face assault charges in Maryland, your choice of legal representation shapes the outcome. At Scrofano Law PC, we bring deep courtroom knowledge, aggressive defense strategy, and unwavering commitment to protecting your rights and future. 

Here’s what sets us apart in Maryland assault cases.

Criminal Defense Experience in Maryland Courts

We know how Maryland courts work. Our lawyers have spent years in the specific courtrooms where your case will be heard. We understand how prosecutors build assault cases and exactly where to find weaknesses in their evidence.

Maryland assault law is complex. Simple assault, second-degree assault, and aggravated assault each carry different penalties and require different defense approaches. 

We know which charges might be reduced or dismissed based on the facts of your case. We’ve defended hundreds of clients facing assault charges across Maryland counties, including Montgomery, Prince George’s, Anne Arundel, Howard, and Frederick. 

This depth of experience means we don’t start from scratch with your case. We know the judges, the prosecutors, and the specific legal strategies that work in your jurisdiction.

Aggressive Investigation and Strategic Challenge

We don’t accept the prosecution’s version of events. We dig into the facts. 

At Scrofano Law PC, our team reviews police reports, witness statements, and physical evidence with a critical eye. We look for inconsistencies, procedural errors, and gaps in the case against you.

Many assault charges rest on witness credibility or conflicting accounts of what happened. We challenge these accounts in court. 

We examine whether police properly collected evidence, whether witnesses had a clear view of events, and whether any constitutional violations occurred during arrest or investigation. 

This aggressive approach to discovery often reveals problems prosecutors didn’t expect us to find. 

Sometimes these problems lead to dismissals. Other times, they become powerful leverage for negotiating better outcomes.

Direct Communication and Transparent Strategy

You need to know what’s happening in your case. We keep you informed at every stage. We explain your charges clearly, discuss your options honestly, and make sure you understand the potential consequences and realistic paths forward.

We never pressure you into accepting a plea deal you don’t understand. We present your options with full context and let you make informed decisions about your defense. 

You’ll work directly with your attorney, not a paralegal handling your matter as a side task. We treat your case with the attention and skill it deserves. Our commitment to transparency means you always know where your case stands and what comes next.

Maryland’s Criminal Assault Process

• Arrest and Initial Appearance: After arrest, you appear before a judge within 24 hours. The judge reviews the charges, sets bail or release terms, and explains your rights. You learn the specific assault charge against you and any evidence the state plans to use.
• Grand Jury Review: For felony assault charges, the prosecutor presents evidence to a grand jury. This group decides if probable cause exists to proceed. You have the right to challenge the quality of the evidence at this stage.
• Discovery and Negotiation: Both sides exchange evidence and witness lists. Your attorney reviews police reports, statements, and any video or physical evidence. Negotiations with the prosecutor may lead to reduced charges or plea offers.
• Trial or Resolution: Cases either proceed to trial before a judge or jury or resolve through a plea agreement. At trial, the state must prove guilt beyond a reasonable doubt. You have the right to cross-examine witnesses and present your own defense.
• Sentencing: If convicted, the judge imposes penalties. Penalties for assault in Maryland vary by charge level and the facts. Fines, probation, jail time, or combinations are possible.

How the Process Works With Our Firm

• Immediate Case Review: We analyze police reports, arrest records, and charges right away. We identify weaknesses in the prosecution’s case and explain your options clearly. You get a realistic picture of what you face.
• Strategic Investigation: We look into the facts behind the assault charge. We interview witnesses, review video footage, and challenge how police handled evidence. We build a strong foundation for your defense from day one.
• Clear Communication and Transparency: We keep you informed about developments and decisions. We explain legal options in plain terms. 

You know what we are doing and why. No surprises. We respect your concerns and answer your questions thoroughly.

• • Aggressive Negotiation: We work with prosecutors to challenge their case. We push for charge reductions, dismissed counts, or favorable plea terms. We fight hard to protect your record and future.
  • Trial Preparation: If your case goes to trial, we prepare thoroughly. We develop a defense strategy tailored to your facts. We challenge the state’s evidence and cross-examine their witnesses.
  • Protection of Your Rights: We ensure that police follow proper procedures during arrests and investigations. We challenge illegal searches or improper statements. Your constitutional rights stay protected throughout.

A skilled Maryland assault lawyer reviews the evidence, identifies weaknesses in the prosecution’s case, and develops strategies tailored to your situation. We negotiate reduced charges, alternative sentencing, or even dismissal where possible. 

Knowledgeable and experienced representation ensures that all procedural rules are followed, safeguarding your legal rights throughout the process.

With professional legal support, you can confidently navigate hearings, pretrial motions, and trial preparation. Protect your future and take the first step toward resolving your Maryland assault charge today.

At Scrofano Law PC, we provide defense tailored to your specific charge and facts. Contact us to schedule a consultation today.

Frequently Asked Questions About Maryland Assault Charges