First Degree Assault
Pursuant to section 3-202 of the criminal law article of the annotated code of Maryland, a first degree assault is intentionally causing or attempting to cause serious physical injury to another or the use of a firearm in an assault. “Serious physical injury” means injury that creates a substantial risk of death or causes permanent and/or protracted, serious disfigurement, loss of the function of any bodily member or organ, or impairment of the function of any bodily member or organ.
A person who violates this section is guilty of the felony of assault in the first degree and upon conviction is subject to imprisonment not exceeding 25 years.
Second Degree Assault
Pursuant to section 3-203 of the criminal law article of the annotated code of Maryland, second degree assault is not as serious as first degree assault and is intentionally causing or attempting to cause (such as a swing and a miss) physical injury. “Physical injury” in this case means any impairment of physical condition, including minor injuries.
In Maryland, upon conviction of a felony, a person who commits second degree assault is guilty of a misdemeanor and can be subject to imprisonment not to exceed 10 years, or a fine not to exceed $2500 or both.
However – additionally a person convicted of second degree assault on a police officer in the performance of his/her official duties is guilty of a felony and subject to imprisonment for up to 10 years, or a fine of up to $5000, or both.
You should also know – In most jurisdictions the difference between a felony and a misdemeanor is the length of possible incarceration. Usually if you could receive a sentence of less than one year incarceration, then the crime is considered a misdemeanor; if you could receive a maximum sentence greater than one year, the crime is considered a felony. Not so in Maryland. In the state of Maryland, you can receive up to 10 years for a second degree assault conviction yet it is still considered a misdemeanor, unless the assault was committed upon a law enforcement officer, in which case it could possibly be considered a felony, especially if there was injury to a police officer.
If you are facing charges of First or Second Degree Assault in Ocean City, Maryland, please contact me promptly to begin addressing your case. These charges are extremely serious, and immediate action is crucial.
With 32 years of experience in handling criminal assault cases, I possess extensive knowledge of local laws. My team is dedicated to achieving successful outcomes.
To arrange a complimentary consultation, please call. I offer the unique advantage of providing my personal cell phone number for direct communication.
Frank Benvenuto
Cell: 443-783-2451
Office: 410-641-2999
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