First-Degree Assault in Maryland

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Maryland has several assault laws that range from misdemeanors to felonies, covering various types of conduct. Among these, first-degree assault in Maryland is the most serious.

What is First-Degree Assault?

Under Maryland law, first-degree assault happens when someone tries to hurt another person on purpose. Using a firearm in an assault is also considered first-degree assault.

The law defines a firearm broadly, including handguns, antique guns, rifles (even short-barreled ones), shotguns, assault pistols, machine guns, and other regulated weapons.

A conviction for first-degree assault is a felony and can lead to up to 25 years in prison. Maryland law treats attempted first-degree assault the same as a completed assault, meaning an individual who tries but fails to commit the crime faces the same penalties. (Maryland Criminal Code, Section 3-202 and Section 1-201)

What is Considered a Firearm?

A “handgun” includes any firearm that can be concealed on a person. (Maryland Criminal Code, Section 4-201) The law also broadly defines rifles and shotguns. Maryland has a strict stance on using firearms to commit assault.

However, firearms are not the only weapons that can lead to a first-degree assault charge. Using a knife, bat, or any object with the intent to cause serious physical injury can also result in this charge.

The Role of Intent in First-Degree Assault

First-degree assault requires intent. It is not enough to prove that serious physical injury occurred—the prosecution must also show that the accused intended to cause harm.
The law assumes that a person intends the natural consequences of their actions. The prosecutor only has to prove that the defendant intentionally caused the injury. However, a good defense lawyer can challenge the evidence, creating reasonable doubt about the defendant’s intent.

Penalties for Repeat Offenses

First-degree assault is classified as a crime of violence, carrying severe penalties:

Second offense: If the defendant has a prior conviction for a crime of violence, a minimum of 10 years in prison is required.
Third offense: If the defendant has two prior convictions for crimes of violence, a minimum of 25 years in prison without parole is required.
Fourth offense: If the defendant has three prior convictions for crimes of violence, life imprisonment without parole may be imposed.

These penalties are mandatory, meaning the judge cannot reduce or suspend them. (Maryland Criminal Code, Section 14-101)

Can a First-Degree Assault Conviction Be Expunged?

Maryland law does not allow expungement or sealing of felony convictions. Unlike a traffic ticket, a felony conviction remains permanently on a person’s record.

Under Maryland law, only specific charges qualify for expungement, and first-degree assault is not one of them (Maryland Code of Criminal Procedure, Section 10-105). However, if charges are dropped or result in a not-guilty verdict, expungement of the record may be possible under specific conditions.

Contact The Law Offices of Krum, Gergely, & Oates

If you have been charged with first-degree assault in Maryland, contact a lawyer from Krum, Gergely & Oates today. Call (301) 840-0080 for a free consultation to discuss your legal options.

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