Is Assaulting a Police Officer a Felony Offense?

 Posted on May 08, 2025 in Violent Crimes

As groups of people gathered throughout the city of Frederick, MD last week to exercise their First Amendment rights, some of those involved in the peaceful protest crossed the line into criminal conduct. These individuals were striking passing vehicles with umbrellas, escalating into throwing objects at police. A number of them were wearing goggles and gas masks, a tactic often used to avoid identification when engaging in unlawful activities.

One officer was struck in the groin with a metal pole, while another officer was struck in the head with a heavy object. Four individuals within this group were taken into custody; spray paint, laser pointers, and fireworks were recovered. Some of the charges the four suspects now face include disorderly conduct, riot, obstructing and hindering, failure to obey a lawful order, and assault in the second degree on a law enforcement officer.

If you have been charged with assault, particularly assault on a law enforcement officer, you must take these charges very seriously. An experienced Northern Baltimore County, MD criminal defense lawyer can assess your charges and the circumstances and facts around the charges, then build a solid defense on your behalf.  

How is Assault on a Police Officer Different from Regular Assault Charges?

Assault in Maryland is broken down into first-degree assault, which is a felony offense, and second-degree assault, which is a misdemeanor unless the victim is a law enforcement officer, then it becomes a felony. Assault in the first degree is charged when a firearm is used in the assault or the victim of the assault sustains serious physical injuries.

Every type of assault that does not rise to the level of first-degree assault is charged as assault in the second degree. This means there are no serious physical injuries, and the defendant did not make any attempt to cause serious physical injuries.

Assault in the second degree is an intentional act that occurs when an individual deliberately attempts to threaten a victim to the point that the victim believes he or she could be harmed. It can also be any type of contact with the victim that is harmful or offensive and that the victim did not consent to. The felony version of assault in the second degree occurs when the assault is on a law enforcement officer while that officer is performing his or her official duties.   

What Are the Penalties for Assaulting a Law Enforcement Officer?

If serious harm is caused to the law enforcement officer, the crime will be charged as assault in the first degree, with the potential of up to 25 years in prison. Assault in the second degree, which involves a law enforcement officer, is a felony offense.

Second-degree assault as a felony offense can result in up to ten years in prison and a maximum fine of $5,000. Assault in the second degree that does not involve a law enforcement officer is a misdemeanor offense, yet still has a potential penalty of up to ten years in prison and a maximum fine of $2,500.

What Are Some Potential Defenses to Assaulting a Law Enforcement Officer?

Assault against a law enforcement officer can be difficult to defend because the officer is both the victim and the police officer making the allegation. One defense would be to raise the question of whether the defendant knew the individual was a law enforcement officer and whether the officer was performing his or her official duty in that role.

For example, if the officer was not wearing a uniform and did not identify himself or herself as a police officer, parole officer, probation officer, transit officer, or correctional officer, the best defense could be that the defendant was unaware of the individual’s status as law enforcement.  

Contact a Harford County, MD Assault Attorney

If you are facing assault charges – and especially assault charges on a law enforcement officer – it is extremely important that you speak to a knowledgeable Northern Baltimore County, MD assault lawyer from Baltimore Legal Services as quickly as possible. We are available 24/7 and have helped more than 10,000 clients who have been criminally charged. Call 858-523-8423 to schedule your free consultation.