Assault charges can profoundly impact one’s life, affecting everything from personal freedom to future opportunities. Understanding the legal distinctions between first-degree and second-degree assault is crucial for anyone facing these severe accusations or already facing serious charges with the possibility of a conviction.
Penalties for assault
The penalties for a violent assault conviction can vary depending on the degree of assault. First-degree assault is a felony in Maryland. It typically involves the intentional causing of serious physical injury to another person, using a firearm or any other deadly weapon. The penalties can include:
- Up to 25 years in prison
- Imposed fines of up to $5,000 and restitution
- Losing the right to possess firearms
- Difficulty finding employment
- Social stigmas
Meanwhile, a second-degree assault charge typically falls under a misdemeanor. It can elevate to a felony under certain circumstances, such as assaulting a law enforcement officer. This type of assault involves causing less serious physical harm without the use of a firearm. Penalties include:
- Up to 10 years in prison for a standard second-degree assault
- Up to 10 years in prison and/or a $2,500 fine if the assault is on a law enforcement officer, parole or probation agent, or firefighter
Both types of assault charges can result in additional legal orders, such as protective or restraining orders, mandatory counseling and community service. Judges in Maryland have discretion within the statutory limits to determine the appropriate sentence based on the individual facts of each case.
The actual penalty imposed can vary widely based on the circumstances of the case, the defendant’s criminal history, the severity of the victim’s injuries, and other factors. To fully understand the charges against the defendant, they may want to seek help from a legal professional who can build a strong defense on their behalf, increasing their chances of a favorable outcome.