20 Nov Assault with a deadly weapon in Maryland

On behalf of Jack B. Rubin, PA posted in Weapons Crimes on Thursday, November 20, 2014.

There are various types of assault charges in the state of Maryland. One of the most serious is assault with a deadly weapon. An assault with a deadly weapon charge has two components. First, the incident must meet the basic definition of assault. Second, a weapon that could inflict death or serious injury must have been involved in the incident. These distinctions are important because a conviction for this charge carries a stiff penalty. In fact, in some instances, it could result in up to 25 years in prison.

Many people assume that an assault must result in physical harm, but that is not necessarily the case. In fact, the threat of harm is often enough to warrant an assault charge. For example, a threat to shoot, hit or beat someone could be enough for an assault charge in some instances.

The deadly weapon component of the assault with a deadly weapon charge depends not just on the type of weapon that was used, but also how it was used. Some weapons are obviously deadly. Those mainly include firearms, which Maryland law specifically defines. However, other instruments could be considered deadly if they are used in certain ways. For example, a baseball bat wouldn’t normally be considered deadly, but it could be if it was swung at someone’s head.

Often, assault with a deadly weapon comes down to the accused’s intent. Shooting someone is a clear example of assault with a deadly weapon because it results in physical harm and because a firearm was used. However, threatening to cut someone with a pocket knife may be less clear. It depends on how the threat was made and where the cut would have been made. An experienced criminal defense attorney could use a variety of defenses to help a client who has been charged with such an offense.

Source: General Assembly of Maryland, “Article – Criminal Law 3-201“, November 14, 2014