If you did not intend to cause harm, you might be able to argue that you did not commit the crime. To be found guilty of second-degree assault, you must have intended to cause harm to the victim. If you were acting in self-defense or in defense of others, you might be able to argue that the assault was justified. Some of the most common defenses include: Several defenses may be raised in the event of a second-degree assault charge. Defenses for a Second-Degree Assault Charge If the defendant aided or abetted another person in committing the assault, or if they intentionally caused the victim to suffer an injury through their actions or inaction, they can still be charged with second-degree assault. It’s important to note that a person can be charged with second-degree assault even if they did not directly cause the victim’s injury. In that case, they can be charged with second-degree assault. Suppose the defendant has been issued a protective order prohibiting them from assaulting their domestic partner, and they violate that order by causing serious physical injury. In cases involving domestic violence, second-degree assault can also be charged as violating a protective order. This is a higher level of injury than simple physical injury, which only requires evidence of pain or impairment.Įxamples of actions that could lead to a charge of second-degree assault include punching someone and causing a broken bone or concussion or stabbing someone with a knife and causing significant injury. Serious physical injury is an injury that creates a substantial risk of death or causes serious and permanent disfigurement. To be charged with second-degree assault, the prosecution must prove that the defendant acted to cause physical injury to the victim and that the victim suffered serious physical injury due to the defendant’s actions. How Can I Be Charged With Second-Degree Assault? In some cases, the use of a deadly weapon or the intent to cause serious bodily harm may be required in order to be charged with second-degree assault. It’s important to note that the specific elements of second-degree assault may vary depending on the laws of the jurisdiction in which the offense is committed. Using a weapon in a way that is likely to cause injury, such as swinging a baseball bat at someone or brandishing a knife.Driving a vehicle in a reckless or aggressive manner, which could result in injury to pedestrians or other drivers.Throwing an object at someone, causing injury.Kicking or shoving someone, causing them to fall and sustain injuries.Punching or striking someone with a closed fist or another object, resulting in bruises, cuts, or other injuries.It is typically a less severe offense than first-degree assault, which involves the intentional use of a deadly weapon or the intent to cause serious bodily harm.Įxamples of second-degree assault may include: Second-degree assault is a criminal offense involving intentionally or recklessly causing physical injury to another person. What Are Examples of Second Degree Assault? However, this is the maximum penalty, and for first offenders, it is extremely rare to see the maximum penalty applied in cases revolving around second-degree assault. Second-degree assault is classified as a misdemeanor in Maryland, punishable by up to 10 years in prison and a fine of up to $2,500. No, Second-degree assault is not a felony in Maryland. This charge is codified under Maryland Criminal Law 3-203 and is the lesser of the two assault crimes, the first being “first-degree assault.” Is Second-Degree Assult A Felony In Maryland? In Maryland, second-degree assault is defined as intentionally causing or attempting to cause physical injury to another person. Second Degree Assult In Maryland: What is it?
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