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What is Assault on a Police Officer in Maryland?

If you or someone you know have been accused of committing an assault on a police officer it’s important you understand how APO charges are different from typical assault. Below are frequently asked questions on assault on a police officer charges. To learn more schedule a free consultation with a Maryland assault lawyer today.

What is Assault on a Police Officer?

The assault part of the charge is similar to other assault charges. It’s an unwanted touching another without their permission with the intent to harm or threaten in such a way where harm can be incurred as the only result. That’s just it.

In this particular situation, you are charges with assaulted a police officer and that’s a little different. Again, it’s still assault first degree or second degree whichever it may be. It doesn’t require any actual injury itself, but if there is injury it’s a harsher penalty. Assaulting a law enforcement officer is a serious charge. It’s a misdemeanor to assault a police officer and that includes parole probation agents. If you’re in jail and you hit probation officer, then it’s all the same thing. They’re all law enforcement.

What About a Mall Cop or a Security Agent?

If they’re official officers in the state of Maryland, then yes. But if they are not, it is not seen as the same thing.

Is APO Defined Under the Same Code Section as Other Assault Charges?

You have Maryland codes 3-201 and 3-203 which will be the misdemeanor assault to an officer and under 3-203 with injury and assault injury against law enforcement agent is punishable 10 years and a $5,000 bond. Assault in general is 10 years maximum and a $2,500 fine. With a law enforcement agent, it’s 10 years and a $5,000 fine. The fine goes up but the coding is still an assault.

APO charges carry a stigma. The bottom-line is you are alleged with assaulting an officer. You get charged with assault in the first degree, assault in the second degree, assault in the second degree of a police officer, reckless endangerment, and so on. The difference is that second degree assault is a misdemeanor and second degree assault of a law enforcement agent is a felony. That’s why that conviction has a higher fine.

Common Ways Assault on an Officer is Charged

A lot of the cases have to do with alcohol. Unfortunately, people have a few drinks and they’re intoxicated, which may impact how others interpret their actions. Sometimes, the the police come because people are making a lot of noise. Often, an officer will try to grab someone, whether to calm them down or arrest them, and the person acts in a way that the officer interprets as assault.