Assault & Battery Charges in Anne Arundel County: What an Arrest in Pasadena Actually Looks Like

Assault Charges in Anne Arundel County: What an Arrest in Pasadena Actually Looks Like

Getting arrested for assault after an argument gets out of hand can be frightening. It may happen after a dispute at a bar, an argument with a neighbor, or a conflict involving a family member. The paperwork you receive after an arrest rarely makes what happens next feel any clearer.

An accusation is not a conviction. Being charged does not mean you are automatically headed for the worst possible outcome.

If you were arrested for assault in Pasadena or elsewhere in Anne Arundel County, understanding the charge and what happens next can help you make informed decisions about your case.

What Are Assault Charges in Maryland?

One point that surprises many people is that Maryland does not separately charge the traditional common-law offense of “battery.”

Maryland’s assault statute incorporates conduct historically described as assault, battery, and assault and battery into the crime of assault. Md. Code Ann., Crim. Law § 3-201.

That is why people may still use the phrase “assault and battery,” even though a Maryland criminal case will ordinarily identify the charge as assault.

Maryland generally recognizes two degrees of assault.

Second-degree assault is the more common charge. It can involve harmful or offensive physical contact, an attempt to cause physical harm, or conduct intended to place another person in reasonable fear of immediate physical harm. In most cases, second-degree assault is a misdemeanor.

First-degree assault is a felony. It can involve intentionally causing or attempting to cause serious physical injury, committing an assault with a firearm, or intentionally strangling another person.

“Serious physical injury” has a specific meaning under Maryland law and generally refers to an injury creating a substantial risk of death or causing serious, lasting disfigurement or impairment.

The distinction matters. First- and second-degree assault carry different potential consequences, and one of the issues a defense attorney may examine is whether the evidence actually supports the degree of assault charged.

What Happens After an Assault Arrest in Pasadena?

Pasadena does not have its own District Court courthouse.

A person taken into custody in Anne Arundel County may be processed through the county’s Central Holding and Processing Center at the Jennifer Road Detention Center in Annapolis.

After processing, an arrested person generally receives an initial appearance before a District Court commissioner. The commissioner advises the person of the charges and certain rights, addresses probable cause when required, and determines the initial conditions of pretrial release.

Depending on the circumstances, a person may be released subject to conditions or remain in custody while awaiting further review.

Anne Arundel County has District Court locations in Glen Burnie and Annapolis. Many second-degree assault cases begin in District Court.

Maryland’s District Court does not conduct jury trials. Because second-degree assault carries a potential sentence of more than 90 days, a defendant will generally have the right to demand a jury trial, subject to limited exceptions under Maryland law. When a jury trial is properly demanded, the case proceeds in Circuit Court rather than being tried in District Court.

First-degree assault and other serious felony cases may also proceed in the Circuit Court for Anne Arundel County.

What Should You Be Aware of After an Arrest?

A few issues can become important very quickly.

Statements to police. What you say to law enforcement may become evidence in the criminal case. You have constitutional rights when dealing with police, including protections against compelled self-incrimination. Understanding those rights before deciding whether to answer questions can be important.

No-contact conditions. A commissioner or judge may impose restrictions on contact with the alleged victim or other individuals as a condition of release. Violating those conditions can create additional legal problems.

Protective and peace orders. An alleged victim may also seek a separate civil court order.

A protective order generally applies when the parties have a qualifying relationship under Maryland law, including certain family, household, or intimate relationships. A peace order may be available when the relationship does not qualify for a protective order, such as some disputes involving neighbors or acquaintances.

These proceedings are separate from the criminal assault case, even when they arise from the same incident.

What Are the Penalties for Assault in Maryland?

The potential penalties depend primarily on the degree of assault and the circumstances of the case.

Second-Degree Assault

In most cases, second-degree assault is a misdemeanor punishable by up to:

• 10 years of incarceration

• A $2,500 fine

• Or both

Maryland law makes certain second-degree assaults involving law enforcement officers, probation or parole agents, firefighters, EMTs, and other covered first responders felonies. Those offenses can carry up to 10 years of imprisonment, a fine of up to $5,000, or both.

First-Degree Assault

First-degree assault is a felony punishable by up to 25 years of imprisonment.

These are maximum statutory penalties. The potential outcome in an individual case depends on the charge, the evidence, the person’s circumstances, and other factors.

A conviction can also have consequences beyond incarceration or fines, including effects on employment, professional licensing, housing, and other areas of a person’s life.

How Can an Assault Defense Attorney Help?

Every assault case is different. The fact that someone has been arrested does not establish that the State can prove the charge beyond a reasonable doubt.

A defense attorney may review evidence such as police reports, body-camera footage, photographs, medical records, surveillance video, and witness statements.

Depending on the circumstances, important questions may include:

• Does the evidence support the degree of assault charged?

• Are witness accounts consistent with the physical evidence?

• Is relevant evidence missing?

• Could self-defense or another legal defense apply?

• Did law enforcement follow the required procedures?

• Can the State prove every element of the offense beyond a reasonable doubt?

An attorney can also communicate with the State’s Attorney’s Office, negotiate when appropriate, and explain the risks and consequences of the available options.

Could Probation Before Judgment Be an Option?

In some cases, probation before judgment, commonly called PBJ, may be available.

PBJ generally allows a court to defer entering a judgment of conviction and place the defendant on probation subject to appropriate conditions. Eligibility depends on the charge, circumstances, applicable legal requirements, and the court’s decision.

Successful completion of PBJ generally results in discharge without a judgment of conviction under Maryland law. However, PBJ is not the same as having the charge dismissed, and the court record does not simply disappear.

An attorney can explain whether PBJ may be available and how a particular outcome could affect your record, including whether the case may later qualify for expungement.

Charged With Assault in Pasadena or Anne Arundel County?

No lawyer can promise a specific result. Getting legal advice early, however, can help you understand the allegations, the evidence against you, and the options available in your particular situation.

If you have been charged with assault in Pasadena or elsewhere in Anne Arundel County, David N. Mabrey offers a free consultation to discuss your situation and potential next steps.

Contact David N. Mabrey, Attorney at Law at our Pasadena office, 8611 Fort Smallwood Rd C, Pasadena, MD 21122. Call 443-702-7708 or reach us through our website: https://davidnmabreylaw.com/contact-us/.

The information in this article is provided for general informational purposes only and may not reflect the current law applicable to your particular circumstances. Nothing in this article constitutes legal advice or creates an attorney-client relationship. You should consult a licensed attorney about the specific facts and circumstances of your case.

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