UPPER MARLBORO LAWYERS Assault & Battery
Attorneys

First-Degree Assault (Felony) Penalties: Up to 25 Years in Prison

1. 20 years in state prison for causing permanent disfigurement.

2. 18 years in prison for using a firearm during an assault.

3. 15 years for assault with intent to cause serious bodily injury.

4. 12 years for strangulation resulting in loss of consciousness.

5. 10 years for assault with a deadly weapon (knife, firearm).

6. 8 years for fracturing a victim’s bones in a violent attack.

7. 7 years for assault resulting in severe internal injuries.

8. 5 years for brandishing a weapon with intent to harm.

9. Probation with a suspended sentence, depending on circumstances.

10. $10,000 in court costs and victim restitution.

Second-Degree Assault (Misdemeanor) Penalties: Up to 10 Years in Prison and/or a $2,500 Fine

1. 8 years for repeated domestic violence incidents.

2. 5 years for an unprovoked physical attack in a public place.

3. 4 years for assault causing minor injuries.

4. 3 years for assault with an object causing bruising.

5. 2 years for threatening a person with bodily harm.

6. 18 months for assault resulting in a black eye.

7. 1 year for a fight resulting in minor cuts.

8. 6 months for an altercation without serious injuries.

9. Probation for a first-time offender with no serious harm.

10. $2,500 fine for simple assault without significant injuries.

Second-Degree Assault on an Officer (Felony) Penalties: Up to 10 Years in Prison and/or a $5,000 Fine

1. 10 years for assaulting a police officer during an arrest.

2. 8 years for assaulting a paramedic while providing aid.

3. 7 years for assault on a corrections officer in a jail.

4. 6 years for striking a sheriff’s deputy in the line of duty.

5. 5 years for injuring a firefighter during a rescue.

6. 4 years for pushing an officer at a traffic stop.

7. 3 years for throwing an object at a police officer.

8. 2 years for grabbing an officer’s equipment (radio, taser).

9. Probation for minor incidents with no injury.

10. $5,000 fine for threatening an officer.

Reckless Endangerment (Misdemeanor) Penalties: Up to 5 Years in Prison and/or a $5,000 Fine

1. 4 years for firing a weapon recklessly in a populated area.

2. 3 years for throwing heavy objects from a highway overpass.

3. 3 years for reckless driving through a crowded pedestrian area.

4. 2 years for leaving a loaded firearm accessible to children.

5. 18 months for discharging fireworks indoors.

6. 1 year for dangerous stunt driving in a residential area.

7. 6 months for causing a hazardous chemical spill without warning.

8. 3 months for setting off an explosive device in public.

9. Probation for reckless behavior causing fear but no harm.

10. $5,000 fine for creating a dangerous situation without injury.

While often used interchangeably, assault and battery are distinct offenses. Assault typically refers to the threat or attempt to inflict harm, while battery involves actual physical contact or harm. In many jurisdictions, an assault charge doesn’t necessarily require physical contact—it could arise from a mere threat that puts someone in reasonable fear of imminent harm. Battery, on the other hand, arises when there’s actual physical contact, regardless of the severity of injury. Both charges can vary from misdemeanors to felonies depending on the circumstances and severity of the alleged offense. It’s essential to understand the specifics of your charge and the potential penalties, and a knowledgeable criminal defense attorney can provide clarity.

There’s a range of defenses available when faced with assault and battery charges. One of the most prevalent is self-defense, where the accused argues they were protecting themselves or others from imminent harm. Consent, where it’s claimed the alleged victim agreed to the act, can also be raised in some cases. Additionally, defenses like the defense of others, defense of property, or even mistaken identity can be employed. It’s also not uncommon to challenge the admissibility of evidence, especially if it was gathered improperly. Given the complexities of such cases, collaborating with an experienced attorney is crucial to identify the most suitable defense strategy for your situation.

At Haskell & Dyer, we understand the profound impact that an assault or battery charge can have on your life. Our team is committed to meticulously reviewing every facet of your case, challenging evidence where necessary, and building a robust defense strategy tailored to your unique circumstances. Whether it’s demonstrating lack of intent, arguing self-defense, or any other applicable defense, we work tirelessly to protect your rights and aim for the best possible outcome. With our vast experience in criminal defense, we are equipped to guide you through the legal maze, ensuring you’re well-represented every step of the way.