Assault & Battery ChargesCriminal Defense AttorneySt Mary's CountyThe Law Offices of Haskell & DyerThe Brandished Gun Problem: First Degree Assault and Firearm Charges in St. Mary’s County

Maryland is one of the more heavily regulated firearms states in the country, and St. Mary’s County prosecutors apply that framework rigorously. The county also has one of the highest concentrations of military personnel, civilian contractors with security clearances, and lawful gun owners in southern Maryland. The combination produces first degree assault and firearm cases regularly, and the defense considerations are different from those in a typical bar fight or domestic incident.

This article walks through the firearm route to first degree assault, the related weapons charges that often appear on the same charging document, and the defense considerations specific to St. Mary’s County cases. For the broader Maryland framework on assault charges, see our complete St. Mary’s County assault and battery defense guide.

The Two Routes to First Degree Assault

Criminal Law § 3-202 reaches assaultive conduct in two ways. The first prohibits intentionally causing or attempting to cause serious physical injury to another person. “Serious physical injury” is a defined term that requires either a substantial risk of death, protracted disfigurement, protracted loss or impairment of the function of a bodily member or organ, or similar severity. A bruise or a minor cut does not qualify. A skull fracture, a broken arm requiring surgery, or a wound that left lasting impairment usually does.

The second route prohibits committing an assault with a firearm, including a regulated firearm, a handgun, an antique firearm capable of being fired, a rifle, a shotgun, a short barreled rifle, a short barreled shotgun, an assault pistol, or a machine gun. The list reaches essentially every firearm category Maryland recognizes. The route does not require that any injury occurred, that any shot was fired, or that the firearm was loaded. The act of committing an assault with the firearm is enough.

The two routes carry the same penalty exposure: up to twenty five years of incarceration. They are charged in the alternative when the State can plead both, which it often does in cases involving both injury and a weapon.

The Firearm Route Specifically

The firearm route is what catches many St. Mary’s County defendants by surprise. A person who never intended to harm anyone, who never fired a shot, who may not have even taken the firearm out of a holster, can still face the charge if the prosecution can prove an assault committed with a firearm. The “assault” element is the same as in any other case: actual or attempted unlawful application of force, or placing another person in reasonable apprehension of immediate harmful contact.

The firearm element is satisfied when the assault was committed with the firearm. Pointing the firearm at another person during the assault generally suffices. Brandishing the firearm in a manner that produced apprehension generally suffices. Firing the firearm into the air, or in the direction of another person, generally suffices. The State does not have to prove the defendant intended to fire, intended to hit, or intended any particular result; the assault committed with the firearm is itself the offense.

This breadth makes the firearm route a frequent overcharging concern. A driver who reached toward a holstered handgun during a road rage confrontation, a homeowner who displayed a firearm to a person on his property, or a gun owner who waved a firearm during a heated family argument can all face first degree assault charges even when no one was harmed and no shot was fired. Defense counsel reviews the conduct carefully to distinguish lawful display, lawful possession, and conduct that crossed into the assault element.

Stacked Counts

First degree assault with a firearm rarely appears alone on a St. Mary’s County charging document. The State typically adds related weapons counts that produce additional exposure even when the underlying assault count is dismissed or reduced. The most common companion count is wear, carry, or transport of a handgun under Criminal Law § 4-203, a misdemeanor with up to three years on a first offense and substantially more on subsequent offenses or where aggravating factors apply.

Use of a firearm in a crime of violence under § 4-204 is another count that frequently appears. That charge carries a separate mandatory minimum sentence that runs consecutively to any sentence imposed on the underlying assault. A first degree assault count with a § 4-204 enhancement creates substantial sentencing risk even after favorable plea negotiation on the assault count itself.

Cases involving discharge of a firearm in public, possession by a prohibited person (under § 5-133 of the Public Safety Article), or possession of an illegal firearm bring additional exposure. A defendant who was lawfully in possession of a firearm but used it in a way that produced an assault charge will often see only the assault and § 4-203 counts. A defendant whose underlying possession was unlawful will see significantly more.

PAX River Security Clearance Implications

St. Mary’s County’s connection to Naval Air Station Patuxent River means a substantial portion of the population holds active security clearances. A first degree assault charge, particularly one involving a firearm, almost always triggers an immediate clearance review. The clearance holder is typically required to self-report the arrest within a defined window under DoD reporting requirements. Failure to self-report on time can produce a separate adverse personnel action independent of how the criminal case resolves.

Clearance suspensions during the pendency of a felony charge are common. Reinstatement after a favorable disposition is possible but takes time and requires documentation. A felony conviction generally results in clearance revocation, with significant consequences for any role that requires base access at PAX, work on classified programs, or possession of firearms during duty. Counsel handling the criminal case should account for these effects from the start.

Defense Strategy

Defense in firearm-related first degree assault cases typically focuses on three areas. First, whether the assault element can be proven. The firearm route still requires an assault, and the assault elements (intent, reasonable apprehension, the conduct itself) remain available for challenge. A display of a firearm that did not place anyone in reasonable apprehension of immediate harmful contact may not support the underlying assault element, even when the firearm was visibly present.

Second, self defense. The Faulkner four part test applies to first degree assault charges the same as to second degree. A defendant who reasonably believed he was in apparent imminent danger, who was not the aggressor, and who used reasonable force, can claim self defense even when the force used involved a firearm. Maryland’s duty to retreat outside the home complicates the analysis but does not foreclose it.

Third, the negotiation strategy. Cases that cannot be defeated outright often resolve to second degree assault dispositions when the firearm route is removed from the charging document. Plea structures that drop the § 4-204 use-in-crime-of-violence enhancement in exchange for a guilty plea on a different count can preserve some firearm rights and avoid mandatory minimums. The negotiation requires understanding both the criminal exposure and the federal firearm consequences that attach to different dispositions.

Related Reading

• From the Wharf to the Witness Stand: The Complete St. Mary’s County Assault Defense Guide
• Calvert County Weapons Charges Defense: Maryland Handgun Law and Mandatory Minimums
• Calvert County Homicide Defense: Murder, Manslaughter, and Vehicular Homicide

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