There is no deadline to press charges for assault in Maryland. Both first-degree assault and standard second-degree assault can be prosecuted by the State’s Attorney at any time after the incident, whether that is months or decades later. The one-year limit people often hear about applies only to minor misdemeanors, not to the assault charges most victims are asking about. A civil lawsuit for assault, however, must be filed within one year, so if you are considering suing for damages, that is the clock to watch.
No Criminal Deadline for Assault Charges
Maryland splits assault into two degrees, and neither carries a statute of limitations for criminal prosecution.
First-degree assault is a felony punishable by up to 25 years in prison.1Maryland General Assembly. Maryland Criminal Law Code 3-202 – Assault in the First Degree Maryland has no general statute of limitations for felonies, so a first-degree charge can be filed at any time.
Second-degree assault is the catch-all category and is normally a misdemeanor, carrying up to 10 years in prison, a fine up to $2,500, or both. When the victim is a law enforcement officer, parole or probation agent, firefighter, EMT, or other first responder acting officially, second-degree assault becomes a felony.2Maryland General Assembly. Maryland Criminal Law Code 3-203 – Assault in the Second Degree Either way, there is no time limit for prosecution.
Why the One-Year Misdemeanor Rule Doesn’t Catch Assault
Maryland’s general rule is that misdemeanor prosecutions must begin within one year of the offense.3Maryland General Assembly. Maryland Courts and Judicial Proceedings Code 5-106 – Prosecution for Misdemeanors That is the rule many people assume applies to second-degree assault. It does not.
The same statute carves out an exception for any misdemeanor “punishable by imprisonment in the penitentiary.” When the authorized sentence is long enough to be served in a state correctional facility, the state can bring charges at any time.3Maryland General Assembly. Maryland Courts and Judicial Proceedings Code 5-106 – Prosecution for Misdemeanors Second-degree assault’s 10-year maximum puts it squarely in that category.
So the deadline picture looks like this:
- First-degree assault: no time limit.
- Second-degree assault against first responders or law enforcement (felony): no time limit.
- Standard second-degree assault (misdemeanor, up to 10 years): no time limit, because it qualifies as a penitentiary-level misdemeanor.
- Low-level misdemeanors with shorter maximum sentences: one year from the date of the offense.
For those low-level misdemeanors, the clock runs from the day the offense occurred, not from when the victim reported it or when police finished investigating.3Maryland General Assembly. Maryland Courts and Judicial Proceedings Code 5-106 – Prosecution for Misdemeanors For first- and second-degree assault, that start date is largely academic. Prosecutors still prefer to move quickly because witnesses forget and physical evidence degrades, but the law does not force them to.
How to Start the Charging Process
“Pressing charges” overstates the victim’s role. You can report the assault and provide evidence, but the State’s Attorney decides whether to prosecute. Maryland does give victims more direct access to the charging process than many states.
File a Police Report
Calling the police is the most common first step. When officers respond, describe the assault in detail, ask for a written incident report, and write down the officers’ names and badge numbers. If officers at the scene refuse to take a report, go to the station and file one there.
Apply to a District Court Commissioner
Maryland allows private citizens to apply for a Statement of Charges through a District Court Commissioner, bypassing the police if necessary. You complete an application under oath describing who assaulted you, when and where, and how. The commissioner reviews it for probable cause and decides whether to issue charges.4Maryland Courts. Application for Statement of Charges – Form DC-CR-001
Two things to understand before you go this route. First, if the commissioner issues charges, neither you nor the commissioner can withdraw them; only the State’s Attorney or a trial can resolve the case. Second, you must appear at trial as a witness, and failing to show up when ordered could result in your own arrest for disobeying a court order.4Maryland Courts. Application for Statement of Charges – Form DC-CR-001 If the commissioner declines to issue charges, you can ask the State’s Attorney’s office to file them instead.
What Happens After Charges Exist
Once charges are filed, the case belongs to the state. The State’s Attorney evaluates the evidence and decides whether to pursue the prosecution, negotiate a plea, or dismiss. Your cooperation matters because assault cases are hard to win without the victim’s testimony, but you do not have veto power. Even if you later want to drop the matter, the state can proceed if the evidence supports the charge.
The One-Year Civil Lawsuit Deadline
A criminal prosecution and a civil lawsuit run on separate tracks. The criminal case can send someone to prison but does not directly pay you money. A civil suit seeks compensation for medical bills, lost wages, pain, and other harm. You can pursue both at once, and the outcome of one does not control the other.
The civil deadline is much tighter than the criminal one. Maryland gives you one year from the date of the assault to file a civil lawsuit for assault. For a battery claim, where you are suing over unwanted physical contact rather than the threat of harm, the deadline is three years under Maryland’s general civil statute of limitations. The difference between assault (threat or apprehension of harm) and battery (actual harmful contact) decides which clock applies to your case.
Missing the civil deadline means losing your right to sue for damages, even if the criminal case is still active. If you were injured and are weighing a lawsuit, treat the one-year civil window as the urgent deadline.
Child Sexual Abuse Follows Different Rules
When an assault involves sexual abuse of a child, the timing rules change. Maryland has no statute of limitations for felony sexual crimes, regardless of the victim’s age, and most sexual offenses against minors are classified as felonies. For the rare misdemeanor-level sexual offense, such as a fourth-degree offense, the time limit may extend beyond one year when the offender held a position of authority over the victim. Adults who experienced sexual assault as children in Maryland generally still have a viable criminal case no matter how much time has passed.
Protection While a Case Develops
Charges and lawsuits take time to move. If you need the person who assaulted you to stay away in the meantime, Maryland offers two court orders, and your relationship with the person decides which one you qualify for.5Maryland Courts. Peace and Protective Order Brochure
- A protective order is available when you have a domestic relationship with the respondent, such as a current or former spouse, someone you share a child with, a blood or marriage relative, a person you have had a sexual relationship with, or someone you have lived with for at least 90 days in the past year.
- A peace order is available when no domestic relationship exists, which covers assaults by neighbors, coworkers, acquaintances, or strangers.
Both orders can require the person to stay away and stop all contact. You apply at the District Court, and a judge can issue a temporary order the same day, with a full hearing scheduled shortly after to decide whether the order should remain in effect.