Legal Question in Criminal Law in Maryland

Elements of Second Degree Assault

I have been charged with second degree assault. I make too much money for a public defender but I don't make enough money to afford an attorney. The public defenders office and the state attorneys office will not tell me what second degree assault is. (I am charged with a crime but no one will explain to me what it means...go figure).

I remember from my business law classes that the state must prove specific elements of a crimes in order to convict. For example, the state must prove intent for most crimes. My question is simple. What are the elements of second degree assault in Maryland?


Asked on 8/17/00, 11:33 pm

1 Answer from Attorneys

Re: Elements of Second Degree Assault

Here it is from the Code:

� 12A. Second degree assault.

Statute text

(a) General prohibition.- A person may not commit an assault.

(b) Violation; penalties.- A person who violates this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to a fine of not more than $2,500 or imprisonment for not more than 10 years or both.

Because of the penalty, you should not go to Court without a lawyer. One day in jail is not worth trying to save money.

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Answered on 9/25/00, 10:08 pm


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