Your favorite Maryland Criminal Lawyers are back to explain the differences between First and Second Degree Assault. We have discussed before in our First Time Offender Series what is Second Degree Assault. Now we’re back to talk about what First Degree Assault is and how it differs from Second Degree Assault.
Maryland Criminal Defense Lawyer: What is First Degree Assault?
First Degree Assault is the intentional attempt or act of causing physical harm to another person. First Degree Assault also includes using a firearm. The firearms can be handguns, rifles, shotguns, machine guns or any other type of firearm. Even if you own the firearm if you use it to commit an assault on another person, you can be charged with First Degree Assault. This crime is a felony, and if you are convicted of First Degree Assault, the penalty carries a sentence of jail time not to exceed 25 years.
Maryland Criminal Defense Lawyer: What is Second Degree Assault?
As we stated in one of our previous blogs, Second Degree Assault is the intentional, unconsensual, offensive touching of another, or an attempt to do so; or, a threat of the same with the apparent ability to immediately carry it out, that places a person in a position of imminent bodily harm. This crime is a misdemeanor, and if you are convicted of Second Degree Assault, the penalty carries a fine of $2,500 or a sentence of jail time not to exceed 10 years or both.
Maryland Criminal Defense Lawyer: How does First Degree Assault differ from Second Degree Assault?
One major difference between the two is the idea of intentional bodily harm. If you are intentionally trying to cause irreversible harm to a person, i.e. cutting off their arm, that would be characterized as First Degree Assault. An example of Second Degree Assault would be pushing someone who then happens to trip and fall and injure themselves.
Another difference between First Degree Assault and Second Degree Assault is that First Degree Assault is a felony and Second Degree Assault is a misdemeanor.
Maryland Criminal Defense Lawyer: What do I do now?
If you are arrested for either First Degree Assault or Second Degree Assault you need an experienced lawyer to guide you through the court process. ENLawyers is comprised of former State’s Attorneys who know how the State will prepare their case so that we can prepare our defense. We offer free 1-hour consultations to discuss your case and explain to you how we can help you get a positive outcome for your case. Call us today!