Being charged with a violent crime in Maryland is a serious offense. Domestic violence, assault, and threatening someone’s safety all carry serious legal consequences. The penalties for the crime and the severity of the charges are worsened when a firearm is involved.
For persons facing serious violent crime charges in Maryland, it is important to understand how a firearm can escalate the situation, leading to possible felony charges, additional fines, required jail time, and more. A standard defense is not enough in most of these cases.
Learn what happens if a firearm is involved in a violent crime in Maryland and what defense options are available. Contact a criminal defense attorney ASAP for a consult on the case and how to proceed. Saller, Ernstberger, & McElroy in Baltimore, MD is available to assist – call today.
Disclaimer: articles on sallerlaw.com are not intended as legal advice and should not be taken as such, please consult an attorney for advice about your individual situation.
What is a Violent Crime in Maryland
All violent crimes in Maryland are considered felonies, with many carrying a maximum sentence of at least 15 years up to life without parole. When the unlawful use of a firearm is involved, an additional misdemeanor charge is attached, creating the need for additional defense strategies.
Violent Crimes in Maryland Include, But Are Not Limited To:
- Abuse
- Arson
- Assault
- Burglary
- Kidnapping
- Robbery
- Sexual Crimes
- Murder and Manslaughter
What Happens When a Firearm is Used in a Violent Crime
Assault with a Gun
General assault, unwanted physical contact, or acts that create fear in another person are typically considered second-degree assault in Maryland and are misdemeanor charges. Assault involving a gun, whether brandishing the gun, pointing the gun, or using the gun as a blunt object, leads to a first-degree assault charge, which is a felony charge. The maximum sentence for first-degree assault is 25 years in prison vs. a maximum sentence of 10 years in prison for second-degree assault.
Domestic Violence with a Firearm
Domestic violence in Maryland is charged as assault, and most assault charges and consequences apply. However, domestic violence cases may differ, where there may be separate assault charges and firearm charges based on the incident. In the case of domestic violence vs. assault charges, the victim may also request an ERPO or restraining order for protection.
Threatening Someone with a Gun
Even without physical contact, you may be charged with assault in Maryland if you have threatened someone’s safety or made them fear for their life. Threatening someone with the use of a gun qualifies as second-degree assault at minimum and can be charged as first-degree assault. Separate firearm charges may also be filed.
Assault While Illegally Possessing a Firearm
In addition to assault charges and misdemeanor charges for unlawful use of a firearm, if the firearm was illegally in your possession, you may also face unlawful possession charges, which create further complications and consequences for the case at hand. The more illegal activity that occurred, the more the defendant must plead their case and tackle separate accusations.
Will I Do Jail Time for Using a Firearm During an Assault
In almost all cases, yes, using a firearm in any capacity while also committing assault or a violent crime in Maryland will result in jail time. Using a firearm illegally may add an additional 5 to 20 years of imprisonment if found guilty. A 5-year minimum before parole may also be included in the sentencing for assault with a firearm.
When defending against an assault charge in Maryland, you must consider if a firearm was involved and take this into consideration. Defense strategies for an assault differ when a firearm was used, and lawyers will plan for all accusations and charges being levied.
The Gun Was Never Fired, Why Did the Charge Escalate
A firearm does not need to be fired in the state of Maryland to impact an assault or violent crimes charge. The police and courts will consider the presence of the gun, the threat of the firearm, and what action was taken or intended to be taken when placing charges. Your criminal defense lawyer will also look at these same circumstances to help devise a defense strategy.
A firearm can escalate assault charges, even when not fired, if and when:
- A firearm is present in the home of a domestic violence dispute, and the presence was used to cause fear
- A gun was brandished during a violent crime, such as assault or robbery
- The gun was used as a blunt object or otherwise used to inflict physical injury or fear
- Possession of a firearm was in direct violation of an ERPO or other legal restriction
Planning a Defense Strategy for Assault with a Firearm
Immediately contact a criminal defense lawyer if you are facing assault charges and unlawful use of a firearm in the state of Maryland. Saller Law defense attorneys are experienced in both criminal law and firearm law, closely examining all facts and procedures that led to the alleged accusations.
If found guilty, you may face decades in prison, minimum sentencing without parole, and a lifelong criminal record with a felony charge. Do not go into the court system alone; work closely with a team that can review the evidence and fight for your outcome. Call today for a consultation on your case.
Frequently Asked Questions
Can you be charged with assault with a deadly weapon in Maryland if you do not fire the gun?
Yes. You may face felony assault charges if you point a firearm at someone or threaten them with a gun, even if the gun was not fired. Assault charges include the threat to safety or causing fear, and the use of a firearm can escalate those situations.
How much jail time can you get for assault with a firearm in Maryland?
First-degree assault is punishable by up to 25 years in prison. A separate firearm-use charge may also apply, potentially increasing the total sentence by 5 or 15 years. While the maximum penalty is not necessarily the sentence a person will receive, it is always a possibility; work closely with a defense lawyer if you are facing felony assault charges.
Can domestic violence charges become more serious if a gun is involved in Maryland?
Yes. Threatening or assaulting a spouse, dating partner, or other household member with a firearm may lead to criminal assault charges and potentially separate firearm-related offenses. A court may also impose firearm restrictions through a qualifying protective order.
What happens if someone threatens to shoot you but never fires the gun in Maryland?
Threatening a person’s safety or causing them to fear for their life is considered assault in Maryland. Threatening to shoot a person, even if the gun is never fired, can result in assault charges.
Can you face separate gun charges and assault charges for the same incident in Maryland?
Yes. A person may face both a violent-crime charge and a separate firearm offense arising from the same incident. For example, an alleged assault involving a firearm may lead to assault charges and a charge for unlawful use of a firearm.
What should you do if you are charged with assault involving a firearm in Maryland?
Take the charges seriously and contact a Maryland criminal defense attorney as soon as possible. Avoid discussing the incident publicly or contacting an alleged victim in violation of any court order. Preserve relevant evidence, including messages and other records, and follow all release conditions. An attorney can evaluate the alleged conduct, challenge the evidence where appropriate, and determine whether the firearm-related charges and potential penalties are legally supported.
