Serious Assault

Our Criminal Attorneys are experienced in defending against Assault charges. If you have been charged with First Degree Assault, Second Degree Assault, or Reck Endangerment in Maryland or Washington D.C. contact us today for a free consultation.

Case preparation and investigation is essential to success!

Our firm is capable of representing clients charged with first degree assault, second degree assault, and battery in Washington D.C. and Maryland: Montgomery County, Prince George’s County, Charles County, Ann Arundel County, Allegany County, Baltimore County, Howard County, Frederick County, Washington County, and St. Mary’s County, as well as all other counties in Maryland.

What is an Assault?

People are often confused about what exactly constitutes an “assault.” In Maryland and Washington D.C. criminal law, assault can occur in one of three primary ways:

    Intent to frighten

  1. Defendant acted, intending for the victim to fear immediate physical harm

  2. The Defendant could actually cause physical harm if he or she wanted fto

  3. The Victim actually did have a reasonable fear of immediate physical harm

  4. There were no legal justifications for the Defendant’s actions

    Attempted Battery

  1. Defendant actually tried to cause immediate physical harm to the victim

  2. It was the Defendant’s intention to cause physical harm

  3. The victim did not consent to the Defendant’s actions

    Battery

  1. Defendant caused offensive physical contact or physical harm

  2. The Defendant was acting recklessly or intentionally when the contact occurred. It was not an accident.

  3. The victim did not consent to the Defendant’s actions

First or Second Degree

The descriptions above list the different ways the prosecutor can prove a Second Degree Assault. In order to convict a defendant of a First Degree Assault (in Maryland) or an Aggravated Assault (in Washington D.C.), the prosecutor must prove that the defendant committed a second degree assault, and either used a firearm to commit the assault, or that the defendant attempted to caused serious bodily injury.

Serious bodily injury means an injury that creates a serious risk of death, or that causes serious and permanent disfigurement or loss of a limb or bodily organ.

Maximum Penalties for Assault in Maryland

First Degree Assault:
Felony – 25 years
Md. Crim. Law Section 3-202

Second Degree Assault:
Felony – 10 years and/or $5,000 fine
Md. Crim. Law Section 3-203

Reckless Endangerment:
Misdemeanor – 5 years and/or $5,000 fine
Md. Crim. Law Section 3-204

Maximum Penalties for Assault in Washington D.C.

Assault with intent to kill, rob, or poison, or to commit first degree sexual abuse, second degree sexual abuse or child sexual abuse:
Felony – 2 to 15 years (mandatory minimum)
D.C. Code Section 22-401

Assault with intent to commit mayhem/Assault with a dangerous weapon:
Felony – 10 years
D.C. Code Section 22-402

Assault with intent to commit any other [felony] offense:
Felony – 5 years
D.C. Code Section 22-403

Assault or threatened assault in a menacing manner; Stalking:
Misdemeanor – 180 days and/or $1,000 fine
D.C. Code Section 22-403

Aggravated Assault
Felony – 10 years and/or $10,000 fine
Attempted Aggravated Assault
Felony – 5 years and/or $5,000 fine
D.C. Code Section 22-404.01

Assault on law enforcement officers
Misdemeanor – 180 days and/or $1,000 fine
Assault on law enforcement officers with serious bodily injury
Felony – 10 years and/or $10,000 fine
D.C. Code Section 22-405

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Circuit Court of Montgomery County, Maryland
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On September 18, 2013 our client appeared for a jury trial before the Honorable Joseph Dugan in the Circuit Court for Montgomery County, after having been initially charged with three counts of reckless endangerment, one count of affray, one count of second degree assault upon a police officer, and one count of disorderly conduct. All charges, but for the assault upon a police officer, were dismissed in open court prior to the jury’s finding of Not Guilty as to the assault count. On September 19, 2013 after only two hours of deliberations the jury returned a unanimous verdict of Not Guilty. The client was the subject of completely unfounded charges but the State seemed “hell bent” on getting a conviction even if the facts of the case did not warrant the client being charged initially. Justice was well served on September 19, 2013.
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Circuit Court of Prince George's County, Maryland
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On August 5, 2013 after many weeks and months this office was successful in convincing the State’s Attorney’s Office for Prince George’s County to dismiss all charges, including First Degree Assault. This task was accomplished by filing Motions to Compel Discovery which asked that the State be sanctioned for their failure to produce the physical evidence against the defendant. It became apparent to this office that the State was being recalcitrant in the production of these items for reasons unknown. This office continued to press the issue and the State then disclosed that all the physical evidence including DNA samples had been destroyed.
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On Friday, October 1, 2010 our client, having been unjustly charged with 1st Degree Felony Assault, (Maximum 25 years incarceration) and Use of a Handgun in the Commission of a Crime of Violence (Maximum 20 years incarceration) was given the opportunity to enter a plea to a misdemeanor and receive Probation Before Judgment with unsupervised probation.
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District Court of Charles County, Maryland
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In September of 2010, the Law Offices of Steven D. Kupferberg completely resolved all charges relating to allegations of a pit bull dog attack on a Police Officer. The felony charge of First Degree Assault was resolved by dismissal. Five counts of misdemeanors were also dismissed. Defendant received probation before judgement (conviction stayed) on remaining misdemeanor charge.