At Houlon Berman, we have over 50 years of experience representing clients in criminal matters all over the State of Maryland (Upper Marlboro, Rockville)and in D.C. We take pride in the results we fight for on behalf of our clients and can assist you in any criminal case, regardless of the charges, due to our experienced and dedicated attorneys. Our approach starts with full investigation of the facts of your case in full consideration of the elements of the offense and an eye toward obtaining the best possible results for you.
Second degree Assault is a lesser included offense of First Degree Assault. In order to prove the offense of Second Degree Assault, the State must prove the following elements of the offense:
(1) that the defendant caused offensive physical contact with or [physical harm to the victim;
(2) that the contact was the result of an intentional or reckless act of the defendant and was not accidental; and
(3) that the contact was not consented to or legally justified
Alternatively, the State could prove Second Degree Assault (Intent to Frighten) by proving the following elements of the offense:
(1) that the defendant committed an act with the intent to place the victim in fear of immediate offensive physical contact or physical harm;
(2) that the defendant had the apparent ability, at that time, to bring about offensive physical contact or physical harm; and
(3) that the victim reasonably feared immediate offensive physical contact or physical harm; and
(4) that the defendant’s actions were not legally justified.
The State may also prove a Second Degree Assault (Attempted Battery) by proving the following elements of the offense:
(1) that the defendant actually tried to cause immediate offensive physical contact with or physical harm to the victim;
(2) that the defendant intended to bring about offensive physical contact or physical harm; and
(3) that the defendant’s actions were not consented to by the victim and were not legally justified.
In Maryland, many Second-Degree Assault cases go to trial, while others reach a resolution in lieu of trial. At Houlon Berman, we take each and every Second-Degree Assault case one by one with an eye toward achieving the best possible result for our clients. Our criminal defense attorneys at Houlon Berman have broad experience representing clients successfully in Second-Degree Assault cases. Our success derives from our years of experience, uncompromising commitment to our clients and hard work. Our clients receive a robust and aggressive defense in each and every case.
If you have a Second-Degree Assault case in Upper Marlboro, Hyattsville, Bowie, Greenbelt, College Park, Laurel, Rockville, Bethesda, Silver Spring, or anywhere else in the State of Maryland, please contact us.