What Is Second-Degree Assault in Maryland?
Second-degree assault is a misdemeanor under Criminal Law § 3-203. A person commits the offense by intentionally causing offensive physical contact with another person, by attempting to cause such contact, or by intentionally frightening another person with the apparent ability to cause harm. The maximum penalty in most cases is 10 years in prison and up to a $2,500 fine. Because the maximum penalty exceeds 90 days, the defendant may pray a jury trial and move the case from District Court in Towson, Essex, or Catonsville to the Circuit Court for Baltimore County in Towson.
When Can Self-Defense Apply?
Self-defense is a complete defense to a second-degree assault charge when the elements of perfect self-defense are met. Maryland law requires that the accused was not the aggressor, that the accused actually believed he or she was in immediate danger of bodily harm, that the belief was reasonable, and that the force used to repel the aggressor was not excessive. If these elements are established, then the accused is entitled to an acquittal. The State must prove beyond a reasonable doubt that the accused’s actions were not justified by self-defense.
What Is the Duty to Retreat?
Maryland imposes a duty to retreat before using deadly force, provided that retreat can be accomplished in complete safety. Maryland is not a stand-your-ground state. The primary exception is the castle doctrine. A person who is inside his or her own home has no duty to retreat from an intruder and may use reasonable force to defend the home and its occupants. The duty to retreat applies to deadly force. Non-deadly force may be used in response to a non-deadly attack without the same retreat requirement, provided the force is proportional.
What Is the Difference Between Perfect and Imperfect Self-Defense?
Perfect self-defense requires both a subjective belief of immediate danger and that the belief was objectively reasonable. When perfect self-defense is established, it is a complete defense. Imperfect self-defense exists when the accused had an actual but unreasonable belief of immediate danger. Imperfect self-defense is most often discussed in homicide cases, where it can reduce murder to voluntary manslaughter. In a second-degree assault case, the focus is usually on whether perfect self-defense applies as a complete defense.
Common Issues in Self-Defense Claims
Common issues include whether the accused was the initial aggressor, whether the belief of danger was reasonable, whether the force used was proportional to the threat, and whether a safe retreat was available. Video evidence, witness statements, and the accused’s own account are often central. The credibility of the witnesses and the sequence of events can determine whether the defense is available.
What to Do If You Are Charged with Second-Degree Assault in Baltimore County
If you are charged with second-degree assault in Baltimore County and believe you acted in self-defense, contact Shepard Law promptly. Shepard Law represents clients facing second-degree assault charges in Towson, Essex, Catonsville, and the Circuit Court in Towson. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense attorney Stephen P. Shepard can review the facts and explain whether self-defense may apply.
The maximum penalty is up to 10 years in prison and a $2,500 fine in most cases.
Yes, if the elements of perfect self-defense are established. The accused must not have been the aggressor, must have reasonably believed he or she was in immediate danger, and must have used proportional force.
Generally, yes. Maryland requires a person to retreat before using deadly force if retreat can be accomplished safely. There is no duty to retreat inside one’s own home.
Cases begin in District Court in Towson, Essex, or Catonsville and can be moved to the Circuit Court in Towson by a jury-trial prayer.
