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Assault on a Police Officer

| Jun 27, 2018 | criminal defense |

After an altercation at the beach, a woman was recently charged with assault on a police officer. Two Baltimore County men were arrested following an assault on police officer, according to police reports. Police reported the two men had pulled guns but then dropped them and fled the scene.

Assault on a police officer in Maryland is different from the assault charge found in Maryland law. Assault on a police officer has the same requirements as second-degree assault. It’s an unwanted touching of another without the other’s permission with the intent to harm or threaten in such a way where harm can be expected to result.

Or, to use another definition. Assault is the attempted touching of another person, without that person’s consent and includes the act of placing someone in fear of an intentional touching. Battery is the unlawful and offensive touching of another person without that person’s consent. Under Maryland law, an “assault” encompasses the crimes of assault, battery, and assault and battery.

In most cases, an assault on an officer charge is brought against an individual in situations where a law enforcement officer attempts to arrest them and they resist with force. If someone physically attacks an officer, whether it be with their hands or with an object or they choose to fight back while being apprehended, they will be charged.

Penalties for Assaulting a Police Officer

A Maryland charge of assault on a police officer carries an enhanced penalty which is different than a standard second-degree assault of an individual who is not a police officer. Assault on a police officer in Maryland is classified as a felony, while an assault on a non-police officer is a misdemeanor.

If you are convicted of second-degree assault on a police officer in Maryland, you could be facing up to 10 years in jail or a fine not exceeding $5,000, or both. A second-degree assault on a person who is not a law enforcement officer is classified as a misdemeanor and the penalty is 10 years in jail or a fine not exceeding $2,500, or both.

Assaulting a police officer in Maryland could also have some negative long-term ramifications. If you are asked about prior charges or if it is discovered that you have any prior charges, having a charge of assault against a police officer can work against you as courts often find that it is more offensive to assault an officer who is acting within his or her job of enforcing the law.

So, assaulting a police officer in Maryland is a serious charge.

Assaulting a mall cop or a security agent carries the same penalty if the mall cop or security agent is an officer of the state of Maryland. Also, enhanced penalties may apply if other members of the protected class such as doctors, ambulance drivers, and firefighters are assaulted.

If you are charged with assault in Maryland, you should talk to a Maryland criminal defense attorney. Often, a Baltimore assault lawyer can examine the circumstances and evidence against you to see if the charges can be dropped or pled down to something less serious. The attorneys at The Law Offices of Thomas J. Maronick have experience handling these cases. You can contact Thomas Maronick on his cellphone at 410-881-4022, the law office at 410-881-4022 or via our website for a free consultation.



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