Know Your Rights if You Are Charged with Assault or Reckless Endangerment
- Adina Katz, Esq.
- Mar 5, 2017
- 2 min read
Under Maryland law, an “Assault” crime can be any offense which is considered assault, battery, or a combination of the two. There are different degrees of assault in Maryland and each type carries with it a different penalty.
Assault in the First Degree-
First degree assault is a felony and can carry a penalty of up to 25 years in prison (MD. Code §3-202). To be charged with first degree assault, you need to have:
Intentionally caused serious physical injury to another,
Attempted to cause serious physical injury to another, or
Assaulted someone with a firearm.
Serious physical injury includes those injuries that cause a risk of death or permanent damage.
Second Degree Assault-
This type is less serious than first degree assault, but it is still a very serious offense. You could be facing this charge if you touch someone else in an unwanted manner that could be perceived as unwanted, offensive, or potentially harmful (whether or not it causes injury).
Generally, assault in the 2nd degree is a misdemeanor though it carries a maximum potential sentence of 10 years. However, if the assault was committed on a law enforcement or probation officer, that assault charge will be entered as a felony (MD. Code §3-203).
Reckless Endangerment-
Reckless endangerment is categorized under the assault offenses in Maryland. This crime is committed when a person recklessly puts someone at risk of death or seriously physical injury.
"Recklessly” in the law means the act doesn’t have to be intentional. Perhaps you didn’t intend to put someone at risk but you also did nothing to prevent it. This is considered a misdemeanor offense and is punishable by up to 5 years behind bars (MD. Code §3-204).
In Maryland, it isn’t uncommon for a charge to be pled down to something less serious. For instance, if you are originally charged with 2nd degree assault but you have no criminal history and the prosecution is cooperative, an attorney may be able to get the charges reduced to misdemeanor reckless endangerment.
If you are charged with assault or reckless endangerment, call The Law Office of Adina S. Katz at 240-606-4591. We can help you with your defense. Call us today.
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