In Maryland, assault is a serious crime that can lead to severe consequences for anyone convicted of it. When people hear the word “assault,” they might think of one person physically harming another, but the law defines assault in specific ways. There are different levels of assault in Maryland, including simple assault and aggravated assault. Understanding the differences between these two types of assault is important because the penalties for each vary, with aggravated assault carrying much harsher consequences. At, Alpert Schreyer, LLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
To get a clearer picture of how these charges differ, it is essential to explore what each means under Maryland law. Knowing the distinction can help someone who is facing an assault charge or someone who has been a victim of assault.
What Is Simple Assault?
Simple assault is generally considered to be the least serious form of assault under Maryland law. It occurs when someone intentionally causes harm, or even threatens harm, to another person. This harm does not need to be severe, and it can involve physical contact or just the attempt to cause harm without physical contact actually taking place. Even the mere act of making someone fear for their safety can be considered simple assault.
The important part of simple assault is that it is focused on the intention to cause harm or make someone believe they are in danger. For instance, if someone raises their fist at another person and makes them think they are going to get hit, this can be considered simple assault, even if no punch is ever thrown. Physical injury does not always have to occur for an assault charge to be filed.
In Maryland, simple assault is usually classified as a misdemeanor. A conviction can result in penalties such as jail time or a fine, but these punishments tend to be less severe than those for aggravated assault. Still, having a simple assault charge on one’s record can have a lasting impact on someone’s life, including making it difficult to find employment or housing.
Founding Partner Founding Partner Attorney Attorney
Andrew D. Alpert
Michael J. Schreyer
Michael Berman
Jason Miller
What Is Aggravated Assault?
Aggravated assault is a more serious charge than simple assault. This type of assault involves circumstances where the offender either causes more serious harm or uses a deadly weapon. Unlike simple assault, where the harm or threat may be minor, aggravated assault usually involves significant physical injury or the intention to cause such injury.
A key difference between simple and aggravated assault is the severity of the harm inflicted or intended. Aggravated assault may involve actions like hitting someone with a weapon, choking someone, or causing serious bodily injury. The law also considers the use of firearms, knives, or other dangerous weapons as factors that elevate an assault to aggravated assault.
In some cases, the difference between simple and aggravated assault can come down to the intent behind the action. If someone intended to cause serious harm or permanent damage, this intent can lead to aggravated assault charges. The presence of aggravating factors, such as the use of a weapon, the severity of the injury, or attacking someone in a particularly cruel or violent way, can also increase the severity of the charges.
With criminal charges starting at age 18 and I’m now 45 I recently got a subsequent charge. Working hard at family and work life over the years this would have ruined it all. Stressed to the max I searched for the person who could do what others couldn’t. They structured a plan for me and I walked today from court. Being no stranger to the courtroom he was more than impressive, he owned it. Be honest with him, do what he says and you will no doubt be in the best possible position you could be in when you walk in with him. From the bottom of heart I thank you and your team for all that you did!” - Ryan W.
Penalties for Aggravated Assault
The penalties for aggravated assault in Maryland are much harsher than those for simple assault. Aggravated assault is usually classified as a felony, which is a much more serious offense than a misdemeanor. A conviction for aggravated assault can result in years of imprisonment, large fines, and a permanent criminal record that can impact a person’s future.
The exact penalties for aggravated assault depend on the circumstances of the case. For example, if the assault involved a deadly weapon, the punishment may be more severe. Additionally, if the victim was a police officer, firefighter, or another public servant, the penalties may be even harsher.
Unlike a misdemeanor, which may result in a shorter jail sentence or a fine, a felony conviction can lead to a lengthy prison sentence. This is because aggravated assault is seen as a more violent and dangerous crime, and the law takes this into account when handing down penalties. Along with prison time, someone convicted of aggravated assault may also have to pay restitution to the victim for medical bills or other costs related to the injury.
Steps to Take if You Were Arrested Today Probable CauseRelated Videos
What Are the Legal Defenses for Assault Charges?
If someone is facing charges for either simple or aggravated assault in Maryland, they may be able to use certain defenses to fight the charges. The defense used will depend on the specific facts of the case. One common defense is self-defense. If someone was protecting themselves from harm, they may argue that their actions were justified. However, the amount of force used in self-defense must be reasonable under the circumstances. If someone uses excessive force, their self-defense claim may not be successful.
Another possible defense is defense of others. If someone acted to protect another person from harm, they may be able to argue that their actions were justified. Again, the force used must be reasonable under the circumstances.
In some cases, the defendant may claim that there was no intent to harm. Since intent is an important part of proving assault, showing that the accused person did not intend to hurt the other party could result in the charges being reduced or dismissed.
Verdicts & Settlements
How Aggravated Assault and Simple Assault Are Prosecuted in Maryland
The prosecution of assault charges in Maryland depends on the type of assault and the circumstances surrounding the case. In simple assault cases, the prosecution must prove that the defendant intentionally caused harm or threatened to cause harm to another person. The key factor is proving that the defendant acted with the intention to make the victim fear for their safety or to cause harm.
For aggravated assault cases, the prosecution must prove that the defendant either caused serious physical injury or intended to cause such injury. If a weapon was involved, this must also be proven. The prosecutor will need to show that the defendant’s actions were more severe than what would be considered simple assault and that the injury or threat was significant.
In both types of cases, the prosecution will present evidence, such as witness testimony, medical records, and any weapons that were used. The defense will have the opportunity to challenge this evidence and present their own arguments.
The Impact of an Assault Conviction
Being convicted of either simple or aggravated assault can have long-term effects on a person’s life. Aside from the legal penalties, such as jail time or fines, having a criminal record can make it difficult to find a job, rent an apartment, or even maintain personal relationships. In some cases, a conviction for aggravated assault can lead to the loss of certain rights, such as the right to vote or own a firearm.
Even after serving time or paying fines, a person with a conviction may find that the consequences follow them for years. Because of this, it is crucial for anyone facing assault charges to take the matter seriously and seek legal advice as soon as possible.
Why It’s Important to Have Legal Representation
If someone has been charged with either simple or aggravated assault in Maryland, it is important to seek legal representation right away. A conviction for either type of assault can result in serious consequences, and having an attorney can help protect a person’s rights throughout the legal process.
An experienced attorney can examine the evidence, question witnesses, and develop a defense strategy. In some cases, they may be able to negotiate a plea deal or have the charges reduced. Without legal representation, it is much more difficult to navigate the complexities of the legal system and achieve a favorable outcome.
If you or a loved one is facing assault charges in Maryland, you need an attorney who understands the complexities of the legal system and will fight to protect your rights. At Alpert Schreyer, LLC, our legal team is dedicated to providing strong representation for clients in all types of assault cases. Contact us today to learn how we can help you with your case and work toward the best possible outcome.