Is Second Degree Assault a Felony in Maryland?
In Maryland, the laws regarding assault vary depending on the severity and intent behind the actions. One of the most commonly charged forms of assault is second-degree assault, but what exactly is it, and is it a felony in Maryland?
What is Second-Degree Assault?
Second-degree assault in Maryland is defined as reckless endangerment of another person. This means that if a person engages in reckless behavior that puts another person at risk of serious bodily harm, they can be charged with second-degree assault.
Elements of Second-Degree Assault
The following elements must be met for a person to be charged with second-degree assault in Maryland:
- The defendant engages in reckless behavior
- The defendant’s behavior is likely to cause serious harm to another person
- The defendant’s behavior results in serious harm to another person
Is Second-Degree Assault a Felony in Maryland?
The answer to this question is yes, but it depends on the circumstances surrounding the incident. Second-degree assault is a felony in Maryland if it is committed with intent to cause serious harm. This means that if the defendant intentionally engages in reckless behavior with the intent of causing serious harm to another person, they can be charged with a felony.
However, if the defendant only recklessly endangers the safety of another person, but does not intend to cause serious harm, it can be charged as a misdemeanor. In this case, the maximum penalty for a second-degree assault is five years in prison, and a fine of $5,000.
Examples of Second-Degree Assault
Here are a few examples of second-degree assault in Maryland:
• A person is driving recklessly and swerves onto the sidewalk, putting people’s lives at risk
• A person is walking down the street and shoots a gun into the air, putting people’s lives at risk
• A person is at a nightclub and gets into a physical fight, putting themselves and others at risk of harm
Penalties for Second-Degree Assault in Maryland
The penalties for second-degree assault in Maryland depend on the circumstances of the incident and the defendant’s criminal history. As mentioned earlier, the maximum penalty for a misdemeanor charge of second-degree assault is five years in prison and a fine of $5,000.
**Felonious Second-Degree Assault
If a defendant is charged with feloneous second-degree assault, the maximum penalty can be up to 10 years in prison and a fine of $10,000.
**Mitigating Factors
When sentencing a defendant for second-degree assault, the judge may consider the following mitigating factors:
• The defendant was acting in self-defense or the defense of another
• The defendant was experiencing a mental health crisis
• The defendant was suffering from a physical disability
**Aggravating Factors
The judge may also consider the following aggravating factors when sentencing a defendant for second-degree assault:
• The defendant used a dangerous weapon
• The defendant intentionally targeted a vulnerable group of people, such as the elderly or children
• The defendant has a history of violent behavior
Conclusion
In summary, second-degree assault in Maryland is a felony if it is committed with intent to cause serious harm, but it can be charged as a misdemeanor if it is reckless endangerment of another person. The penalties for second-degree assault in Maryland depend on the circumstances of the incident and the defendant’s criminal history, with a maximum penalty of five years in prison for a misdemeanor charge and 10 years in prison for a felony charge. Understanding the laws and penalties related to second-degree assault is important for anyone who finds themselves in a situation involving assault in Maryland.
