An assault charge in Maryland does not carry the same consequences in every case. When prosecutors file a first-degree charge, the facts of the incident help explain why the allegation is treated more seriously.
Conduct that raises the charge
Maryland does not base first-degree assault only on the injury that results. The law lists three forms of conduct that support the charge:
- Causing or attempting serious physical harm on another person intentionally
- Committing an assault with a gun
- Intentionally strangling another person
Using a gun is another basis for the assault, so prosecutors do not have to prove serious physical injury under that theory. The serious-injury provision also covers an attempt, so the state does not have to prove that the intended harm actually occurred in every case.
Penalties that follow a conviction
A first-degree assault conviction is a felony that carries up to 25 years in prison. The statute does not set a different fine, so the punishment it specifically provides centers on the possibility of a lengthy prison sentence.
The charge also includes the lesser offense of second-degree assault. That distinction matters when the evidence proves an assault occurred but falls short of establishing what raises it to a first-degree charge. In that situation, the jury may still return a conviction for the second-degree assault.
Defenses that challenge the case
A defense starts with identifying which basis for first-degree assault the prosecution relies on, since each theory requires different proof. If the state uses Maryland’s general assault charging form in circuit court, a timely demand entitles the defendant to a bill of particulars that provides more detail about the conduct alleged.
From there, counsel can challenge whether the evidence proves the facts needed for that case, such as serious physical injury, use of a firearm or strangling, along with intent where the statute requires it. Counsel may also seek to suppress unlawfully obtained evidence or argue that the proof supports only the lesser offense.