A Guide to Second-Degree Assault in Maryland

Have you been charged with second-degree assault in Maryland? Get in touch with Scrofano Law PC today. We can represent you in court. Call us now.

MD Criminal LawScrofano Law PC
4.9 Stars - Based on 60 User Reviews
Call Now: (301) 200-5684
Paolo and Joe Scrofano Law
av2017 rating full 300x69 min
NTL top 100 member seal min
clients choice min
criminal defense min
bbb footer logo min

What Is a Second-Degree Assault?

Various assault laws exist in Maryland, with charges ranging from misdemeanors to serious felonies. Under Maryland Criminal Code Section 3-201, a first-degree assault in Maryland involves intentionally inflicting physical harm resulting in substantial injury to another person.

Assault in the second degree includes all other forms of assault. A second-degree assault charge could result from an interaction that the accused felt was fairly harmless. It may have involved offensive touching, such as shoving, that resulted in physical injuries like bruises. This offense could have led to the victim worrying about their safety. So, any time harmful intentional contact happens, it becomes at least a second-degree assault.

It is a common charge. However, it is a criminal offense that can result in devastating consequences for offenders. Charges for this crime are scary since the potential sentence for each offense is ten years in prison.

If you are charged with second-degree assault charges, it is imperative to seek help from an experienced Maryland assault lawyer. At Scrofano Law P.C., we are compassionate and passionate about assisting you. Our attorneys have handled many assault cases in Maryland.

Read on for more information on second-degree assault laws and what to expect when you face charges for a crime.

Types of Second-Degree Assault in Maryland

Second-degree assault is a broad category in Maryland. It includes various assault offenses, such as the following.

Simple Assault Charge

Simple assault is when you purposefully hurt another person. You could also be charged if you make another person fear immediate bodily harm. Simple assault is usually tried as a misdemeanor. The penalties for this could include a maximum 10-year prison sentence and possible fines.

Assault of a Law Enforcement Officer

Assaulting a law enforcement officer while on official duties is a second-degree assault. Victims of this offense could include a police officer, probation or parole officer on duty or another public safety team member.

Assault on Vulnerable Individuals

A second-degree assault charge might be more severe if the victim is vulnerable. This may include a child under 13, an older person, or a person with a disability. To protect these vulnerable populations, assault on them may result in harsher punishments.

Assault in Domestic Violence Cases

Maryland has rules and regulations specific to how domestic violence cases are handled. It may be charged as second-degree assault if the assault takes place within a domestic connection. Such assaults may involve spouses, partners, or family members.

Assaults in Designated School Zones

Assaults within school proximity may be subject to harsher punishments. This happens because of the possible risk to students and employees. Greater penalties may follow from being close to a school.

Penalties for Second-Degree Assault in Maryland

Assault in the second degree may not carry the same severe penalties as first-degree assault. But, the crime is nevertheless a serious one.

Typically, second-degree assault is charged as a misdemeanor. The punishment for the offense under the Maryland Criminal Code includes the following.

  • Imprisonment for up to 10 years

  • A fine of up to $2,500

  • Probation

You may also face restriction or loss of your firearms rights.

How Second-Degree Assault Works in Maryland

Although the legal process for second-degree assault in Maryland could vary, depending on the case’s specific circumstances, here’s a general overview of how it works:

  1. Incident and Police Report: An incident involving a claimed assault triggers the process. A police report is made when a victim or witness reports the occurrence.
  2. Investigation: Law enforcement agencies look into the occurrence and gather information. They speak with witnesses, including the accused and the victim.
  3. Arrest: Police may take the accused into custody if the evidence points to a possible second-degree assault.
  4. Initial Appearance: The accused is hauled before the judge for their initial appearance after arrest. The judge may now impose bail restrictions. They decide whether the accused can be freed on bail or must wait in detention and when the initial hearing or trial will occur.
  5. The Preliminary Hearing: A preliminary hearing can help decide whether sufficient evidence exists to proceed with a trial. The prosecution presents evidence and witnesses to show probable cause for the charges.
  6. Official Charging: If the case goes forward, the defendant is formally charged with second-degree assault. The prosecution will submit a statement of charges.
  7. Arraignment: An arraignment hearing is held before the court with the accused present. The accused is informed of the allegations at this hearing. They can plead guilty, not guilty, or no contest.

Can Second Degree Assault Cases Be Expunged From the Record?

In Maryland, second-degree assault charges are common. If you have been convicted, you may wonder if a second-degree assault can be expunged. It can, but the process depends on the case’s outcome. For example, it could take three years to expunge a case that resulted in the following:

  • Nolle prosequi

  • Stet

  • Dismissal, and

  • Probation before a judge (PBJ)

However, a defendant with a guilty finding must wait 15 years after completing the probation period for their record to be expunged. If you want to expunge a second-degree assault from your record, consult an expungement lawyer.

How Scrofano Law, P.C. Can Help You with Your Second Degree Assault Case

Second-degree assault charges against you can be dropped without a trial. But there are other potential positive outcomes for your case. Prosecutors may agree to reduce the charges as part of a plea deal. Due to this, a misdemeanor plea bargain could be offered instead of a felony.

Even if the prosecution rejects any form of mercy, you still have a chance. There may be several methods for getting your criminal charges dropped.

If facing assault charges in MD, consider working with a Maryland criminal lawyer from Scrofano Law P.C.

Our criminal attorneys at the law office of Scrofano Law P.C. can plan a strategic defense. We provide an aggressive approach to fight charges against second-degree assault. Call us today to discuss your situation with our Maryland criminal lawyer. Make an appointment for a free consultation to discuss your case’s defense.

NEED AN ATTORNEY?

We fight for your rights!

Lysa S

Paolo Gnocchi is an excellent attorney. He offered sound advice and thoroughly explained the court process. If you are looking for professional representation and a reliable attorney that will advocate for you, Paolo is your guy. Joseph Scrofano and his team are all dedicated individuals. Hopefully I never need a criminal defense attorney again LOL, but if I do, Scrofano Law would be my choice!

David

Joe is amazing! Here’s the hard truth:

- 99% of cases that go court in DC end in convictions
- Last year there were 120 cases in DC and the conviction rate was 100%

Here is the good news, Joe represents people in DC and knows what he is doing! When I was charged with a crime that I didn’t commit, Joe went to work. Three years, a grueling court case, and one long battle later, I got to hear the words, “not guilty!” Joe didn’t just collect a retainer and show up on court date. He scrutinized every document in the case, subpoenaed the information he needed, and presented a perfect case of facts!

When you need someone that will fight for you and can actually win, Joe is the guy!!

Jacob Wilkerson

Joe is an incredible lawyer who goes above and beyond for his clients, and he does so because he genuinely cares about people. Joe knows that the justice system is stacked against the average person, and he does everything in his power to level the playing field for his clients by being a fierce advocate for justice and truth. I’ve met many lawyers in D.C., they’re everywhere around here, but Joe is of the rare variety that actually does it for the people and not the paycheck. We need more lawyers like him. And if you need a lawyer, he’s your best bet at getting a fair shot in an otherwise unfair system.