Are Assault Penalties Harsher When the Victim is Elderly?

 Posted on May 12, 2025 in Criminal Defense

Recently, two teens were arrested for punching one elderly woman, stealing another’s car, and robbing an elderly man at knifepoint, all while these elderly individuals were working in community gardens in the area. While assault is a serious crime with serious penalties on its own, assaulting an elderly person can result in enhanced penalties. If you are facing assault charges, it is important to speak to an experienced Centreville, MD criminal defense lawyer.

What is Assault Under Maryland Law?

Assault in the first degree is found in Sections 3-202 and includes causing or attempting to cause serious physical injury to another person or assaulting a person with a firearm. A person could be charged with assault in the first degree if he or she creates an "apprehension of imminent harm in the mind of the victim," even if the victim is never actually touched. Assault in the first degree is a felony offense with penalties of up to 25 years in prison.

Assault in the second degree is any type of assault not covered under first-degree assault. Second-degree assault occurs when the defendant does not intentionally cause or attempt to cause serious physical injury to the victim. Second-degree assault also requires an intentional act by the defendant that either causes harmful or offensive contact with the victim or creates apprehension of imminent or offensive contact.

A conviction for second-degree assault is a misdemeanor punishable by up to 10 years in prison and a maximum fine of $2,500. However, there is also a felony version of assault in the second degree; if the victim is a police officer, a probation or parole agent, or an officer working for the Metro Transit police and is assaulted during his or her normal course of duties, then the second-degree misdemeanor becomes a felony.  

Aggravated Assault in Maryland

Aggravated assault, while not used as an official legal designation, is an assault committed under particularly egregious conditions, including causing significant injury, using a deadly weapon, or targeting a vulnerable victim. When the victim of an assault is a child, an elderly person, or someone with a disability, the charge of assault is likely to have stricter penalties or be treated more severely.

These assault charges are generally prosecuted as first-degree assault, which has a potential penalty of up to 25 years in prison. If the elderly person did not sustain serious injuries, and a weapon was not used, a first-time offender might have the crime charged as second-degree assault but would likely receive a harsher sentence within the sentencing guidelines.

What Are Some Defenses to Assault?

While the defense of a specific assault case will depend on the unique circumstances and facts surrounding the case, there are several common defenses used in assault cases, including:

•  Self-defense is often used in assault cases as a defense. This means that the "victim" was actually the perpetrator, and the defendant was acting in defense of himself or herself or another person.
• Consent is another potential defense against assault and is used in cases where both parties willingly engage in a physical altercation.
• False allegations or mistaken identity fall under the actual innocence defense. The defendant must show they were not the person who committed the assault through an alibi or witness, or that the "victim" is making up the allegations.
• There were mistakes made by the police; perhaps there was no valid warrant for the arrest, or the defendant’s civil rights were violated.

Contact an Anne Arundel County, MD Assault Lawyer

If you are facing charges of assault, whether against an elderly person or under other circumstances, it is important that you speak to an experienced Annapolis, MD assault attorney from Henley & Henley, Attorneys at Law. Our two attorneys have more than 50 years of combined legal experience, and we often offer a flat fee. Call 410-280-0530 to schedule an initial attorney meeting.