In the realm of criminal defense law, an “assault” charge is one of the most common criminal charges someone may be issued with, and while on the surface they may seem relatively straightforward, they can be deceptively complicated.
Firstly, there are various different types and degrees of “assault charges,” based on the context and severity of the alleged crime(s) in a given case. Beyond that, there are often substantial differences in how assault charges are litigated based on the specific state and legal jurisdiction that someone may be charged in.
Understanding the legal nuances one may encounter in each state is crucial to make sure they have a proper idea of the legal process ahead of them, and the potential consequences that they could suffer in the event that they’re convicted.
In this blog post, we’ll take a deeper look at the specifics of assault charges in Pennsylvania and Maryland, shedding light on their similarities, their differences, and the potential consequences one may face under each state’s respective laws.
Assault Laws in Pennsylvania
In Pennsylvania, assault charges are categorized into different degrees, each carrying its own set of penalties and legal implications. At the basic level, the state defines assault as “causing or attempting to cause bodily injury to another person,” and an assault can be categorized as one of two specific charges:
Simple Assault (Second Degree Misdemeanor): This involves knowingly or recklessly causing bodily injury to another person, negligently causing bodily injury with a deadly weapon, or attempting to cause bodily injury with physical menace. As far as potential consequences go, a simple assault conviction can result in up to two years of imprisonment and fines up to $5,000.
Aggravated Assault (Second or First Degree Felony): The more severe of the two assault degrees, an aggravated assault involves causing serious bodily injury to another person or attempting to cause such injury under circumstances “manifesting extreme indifference to human life.” Basically, this could mean that the accused physically assaulted someone with a severity that could potentially prove deadly. That severity of the offense determines whether the charge is classified as a second-degree or first-degree felony, carrying penalties ranging from 10 to 20 years in prison and fines up to $25,000.
Assault Laws in Maryland
Maryland, like Pennsylvania, distinguishes assault charges into two specific degrees based on the severity of the offense and the resulting harm. Here’s a brief overview:
Second-Degree Assault (Misdemeanor): This includes actions causing physical injury or making unwanted physical contact with another person. Second-degree assault in carries a maximum penalty of 10 years imprisonment and/or a fine of up to $2,500.
First-Degree Assault (Felony): First-degree assault involves causing or attempting to cause serious physical injury to another person. This offense carries substantially more significant penalties, including up to 25 years imprisonment upon conviction.
How are the laws in each state different?
While both Pennsylvania and Maryland categorize assault charges into two classifications based on the severity of the offense, there are notable differences in the specifics of their laws.
Key Differences:
Degrees of Assault: In regards to wording, Pennsylvania’s assault laws encompass “simple” and “aggravated assault,” with varying degrees of severity and corresponding penalties, while Maryland defines assault as either “second-degree” or “first-degree,” focusing on the extent of harm inflicted.
Penalties: While both states impose imprisonment and fines for assault convictions, the maximum penalties and classification of offenses may differ. Maryland tends to have stricter penalties for assault, especially for first-degree offenses, with a max penalty of 25 years in prison compared to Pennsylvania’s range of 10 to 20 years imprisonment for aggravated assault.
Legal Definitions: The legal definitions and elements of assault can vary between states, impacting the prosecution’s burden of proof and defense strategies. In short, this means that the exact description of what constitutes a 2nd-degree assault in Maryland will define what the prosecution has to prove in order to secure a conviction, and this is true across all four types of assault charge across both states. For more information on the specifics here, it’s best to speak one on one with an experienced criminal defense attorney that practices in your given state.
Facing an assault charge? Don’t waste any time, and speak to a JC Law attorney right away!
If you or a loved one is dealing with an active or pending assault charge, we at JC Law know that it’s is a daunting prospect with potentially life-altering consequences. As we covered earlier, understanding the nuances of different assault laws in each state is crucial for navigating the legal process effectively, and the first step in gaining that understanding is to speak with an knowledgeable, experienced criminal defense attorney. Whether you’re involved in a legal dispute or seeking legal counsel, consulting with a lawyer who knows how to defend their clients in and out of the courtroom is paramount to safeguarding your rights and pursuing the best possible outcome in your case.
Luckily, that’s where we come in. At JC Law, we’ve practiced criminal defense in the mid-Atlantic for over 30 years, and we’re prepared to stand by your side and defend you every step along your legal journey.
Give us a call right away at (888) JCLAW-10 to speak with a member of our criminal defense team in a free, one-on-one consultation today. Or, you can click here to schedule your consultation at your convenience, either via phone, video call, or in-person meeting at our Baltimore or Philadelphia offices.
Remember, at JC Law, we aren’t just your lawyer; we’re your legal ally.