Second-degree assault is generally a misdemeanor with a maximum potential sentence of 10 years. A second-degree assault will be charged as a felony if committed on a law enforcement or probation officer. There are three disjunctive factors for second-degree assault, which means the state only needs to prove one of the three in order to get a conviction.
The three factors include:
- Intent to frighten
- Attempted battery
- Battery
In order to prove intent to frighten, the state must prove knowledge of the fear, or in other words, that the victim saw the defendant coming at them. For attempted battery, there must be a substantial step toward offensive contact with specific intent to cause offensive contact. A battery is a harmful or offensive contact of another with specific intent to put another in fear or apprehension of an unwanted touching.
First-degree assault is a felony with a maximum potential sentence of 30 years. First-degree assault can be proved if there is actual or intended serious physical injury or if there is a firearm. You can be charged with first-degree assault if you have committed any of the three parts of second-degree assault with a firearm or with actual or intended serious physical injury.
Contact Portner & Shure, P.A. at (410) 995-1515 for a free consultation with an experienced Maryland, Virginia, Washington, D.C., or North Carolina assault and battery lawyer.
Violation of Probation (Section 19.2-306)
Some criminal defendants are lucky enough to avoid jail time in their case and, instead, they are sentenced to probation. Other criminal defendants that are sentenced to jail time will usually be on probation after their sentence ends. Any person that fails to comply with a judge-ordered condition of probation or is arrested for a new crime during an active probation period will be deemed to have violated probation. A violation of probation (VOP) can result in the judge awarding any suspended jail time or if you completed your jail sentence in full, you may face a longer probationary period, a fine, or additional jail time.
Virginia's statute states: If the court, after a violation of probation hearing, finds good cause to believe that the defendant violated the terms of suspension or probation, then the court shall revoke the suspension and pronounce whatever sentence might have been originally imposed.
It is more important than ever to hire an experienced criminal defense attorney for your violation of probation hearing. The resulting penalties for a violation of probation are significant because it is possible for someone to go from a small jail sentence to a very long one.
Contact an Experienced Assault Attorney
Assault & battery, or an accusation of assault & battery, happens everywhere and every day. Whether you live in Baltimore City, Easton, Frederick, or anywhere throughout Maryland, Virginia, Washington, D.C., or North Carolina, you are vulnerable to being charged with assault & battery - regardless if it’s a bar fight, a domestic argument, or an interaction with the police.
Our Maryland, Virginia, Washington, D.C. and North Carolina assault and battery attorneys believe everyone deserves a thorough and vigorous defense. If you have been charged with assault and/or battery, you must immediately retain a skilled and aggressive criminal defense attorney in order to protect your rights. The attorneys at Portner & Shure, P.A. can guide you through the legal process. We have successfully defended several cases involving allegations of first- and second-degree assault.
