Being charged with assault in Baltimore, Maryland, can be a frightening and overwhelming experience. If you are facing assault charges, it is crucial to seek legal representation immediately.
An experienced criminal defense attorney can help protect your rights, navigate the complexities of the legal system, and work towards the best possible outcome for your case.
This guide will provide you with essential information about assault charges in Maryland, the legal process, potential defenses, and resources to help you find legal assistance in Baltimore.
Understanding Assault Charges in Maryland
Assault is defined as the unlawful touching of another person without their consent1. This can include any physical contact, even something as minor as a push or a shove, that causes harm or makes the other person fear immediate harm.
Maryland law breaks down assault charges into two categories: first-degree assault and second-degree assault. The severity of harm inflicted can influence the degree of assault charges.
First-Degree Assault
First-degree assault is a felony offense that involves either:
- Intentionally causing or attempting to cause serious physical injury to another person.
- Using a firearm during the commission of an assault4.
Serious physical injury is defined as an injury that creates a substantial risk of death or causes serious and permanent disfigurement or impairment of the health or function of any bodily member or organ1.
The maximum penalty for first-degree assault is 25 years in prison.
Second-Degree Assault
Second-degree assault is generally a misdemeanor offense that involves intentionally causing or attempting to cause bodily harm to another person3. However, it can be elevated to a felony in certain circumstances, such as when the victim is a law enforcement officer5.
The maximum penalty for second-degree assault is 10 years in prison and a $2,500 fine.
Type of Assault | Definition | Key Elements | Maximum Penalty |
First-Degree Assault | A felony offense involving serious physical injury or use of a firearm. | – Intentionally causing serious physical injury. | 25 years in prison. |
– Using a firearm during an assault. | |||
Serious physical injury: Substantial risk of death, permanent disfigurement, or impairment. | |||
Second-Degree Assault | Generally a misdemeanor offense involving bodily harm. | – Intentionally causing or attempting to cause bodily harm. | 10 years in prison and a $2,500 fine. |
– Can be elevated to a felony if the victim is a law enforcement officer. |
The Legal Process for Assault Cases in Baltimore, MD
When pressing charges for assault, the legal process involves a series of steps that begin with filing a police report. This report initiates the legal process and serves as the foundation for any potential legal action. The legal process for assault cases in Baltimore, MD, typically involves the following steps:
Step 1: Filing a Police Report
The legal process for an assault case in Baltimore, MD, begins with filing a police report. This report serves as the foundation for any legal action and initiates the case.
The police document the details of the alleged assault, including statements from the victim, witnesses, and any available evidence. Once the report is filed, law enforcement may investigate the incident further to determine whether an arrest is warranted.
Step 2: Arrest
If law enforcement officers have probable cause to believe that an assault has occurred, they will proceed with an arrest. Probable cause means there is sufficient reason to suspect the individual committed the crime.
Once arrested, the individual is taken into custody and booked at the local police station. The booking process includes recording personal information, taking fingerprints, and photographing the suspect. Depending on the circumstances, the accused may be held in jail until a bail hearing is scheduled.
Step 3: Bail Hearing
A bail hearing typically occurs shortly after the booking process. During this hearing, a judge determines whether the accused can be released on bail and sets the bail amount.
Several factors influence this decision, including the severity of the assault, the defendant’s criminal history, ties to the community, and potential flight risk.
A court commissioner may also decide whether the individual should be released on their own recognizance, held on bond, or detained without bail. If bail is granted and paid, the accused is released while awaiting trial.
Step 4: Arraignment
The arraignment is the defendant’s first court appearance after the arrest. At this stage, the judge formally reads the charges against the defendant and provides a copy of the complaint detailing the allegations. The defendant is then required to enter a plea—either “guilty,” “not guilty,” or “no contest.”
In many cases, a “not guilty” plea is entered to allow time for legal defense preparation. The arraignment usually takes place within 48 hours of incarceration.
In Baltimore County, MD, arraignments for assault cases are scheduled on the Monday following the jury trial election, or the next business day if Monday is a court holiday.
Step 5: Pre-Trial Phase
If the defendant is released on bail, the case moves into the pre-trial phase. This stage involves the exchange of information between the prosecution and the defense, a process known as discovery.
Both sides must disclose evidence they plan to use in court, which may include police reports, witness statements, and physical evidence such as surveillance footage or 911 call recordings.
During this phase, both the defense and prosecution strategize their arguments, file legal motions, and determine how to present their case in court. The prosecution may also use this time to strengthen its case by collecting additional evidence.
Step 6: Plea Bargaining
Plea bargaining is a common step in assault cases, where the prosecution and defense negotiate a potential resolution before trial. The defendant may agree to plead guilty to a lesser charge in exchange for a reduced sentence or other concessions.
In Baltimore, designated plea judges are available before the trial date to oversee these agreements. Advanced plea hearings are scheduled on Wednesdays and Thursdays.
In minor assault cases—particularly those involving acquaintances where the victim does not wish to pursue charges—the case may be diverted to community service in exchange for dismissal. Plea deals help reduce court congestion and allow defendants to avoid the uncertainty of a trial.
Step 7: Trial
If no plea agreement is reached, the case proceeds to trial. The prosecution must prove the defendant’s guilt beyond a reasonable doubt. This involves presenting evidence, witness testimonies, and legal arguments to support their case.
The defense, in turn, challenges the prosecution’s evidence, cross-examines witnesses, and presents its own arguments to create reasonable doubt.
The trial may be decided by a judge or a jury, depending on the circumstances of the case. If the defendant is found guilty, the court will determine an appropriate sentence, which could include jail time, fines, probation, or other penalties.
Assault Charges in Maryland: How to Protect Yourself
Being charged with assault in Baltimore, Maryland, can be overwhelming and stressful. If you are facing assault charges, it is crucial to seek legal representation immediately.
An experienced criminal defense attorney can help protect your rights, navigate the legal system, and work toward the best possible outcome. Understanding Maryland’s assault laws, legal process, and potential defenses can significantly impact your case.
This guide provides essential information on assault charges, the legal process, and resources to help you find legal assistance in Baltimore.