First Degree Assault in Maryland

Elements of the Offense

In order to secure a conviction for first degree assault in Maryland, the government must prove all of the elements of second degree assault as described in greater detail here.  In additional, the government must prove that:  (1) the defendant used a firearm to commit the assault, or that (2) the defendant intended to cause serious physical injury in the commission of the assault.

A “firearm” is a weapon that propels a bullet, shotgun pellets, a missile or a projectile by gunpowder or a similar explosive.

“Serious physical injury” is defined as injury that (1) creates a substantial risk of death or (2) causes serious and permanent or serious and protracted disfigurement or loss or impairment of the function of any bodily member or organ.  Maryland Patter Jury Instruction – Cr. 4:01.1.

Penalties

A person who is convicted of first degree assault is subject to imprisonment of up to 25 years.  Md. Code Ann., Crim. Law I §3-202 (2012).

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