Assault and Battery

Assault and battery are words we often hear together but they are in fact two separate offenses and there are various levels of charges within each offense.Under Maryland law, the crime of assault encompasses the battery charges. There are several levels of possible assault charges.

First Degree Assault

This is a felony charge punishable with up to 25 years in state prison. (Md. Code Ann., Crim. Law § 3-202.)To be found guilt, the offender must have:

• Intentionally caused serious physical injury to another,
• Attempting to cause serious physical injury to another, or
• Committed assault with a firearm.

Serious physical injury includes risk of death or permanent damage. If the victim dies as a result of their injuries, charges will be changed to murder or manslaughter.

Second Degree Assault

This covers any general assault that does not rise to the level of First Degree. If found guilty, the offender is subject to imprisonment not exceeding 10 years, a find not to exceed $2,500, or both.

Assault can occur by:

• Committing battery (unwanted physical contact with another)
• Attempting battery, or
• Placing another in apprehension of battery.

Battery is causing or committing physical contact and attempted battery is to try and cause or commit physical touching. The contact can either be harmful or offensive. For example, hitting someone is harmful whereas touching someone inappropriately is offensive.

The defendant must intend for the act to occur or be reckless in his or her behavior. An example of reckless behavior is a person throwing a bottle into a crowd and accidently hitting someone.

Apprehension of battery is an assault charge where the offender intentionally made another person afraid. This requires an act, not a verbal threat, such as raising a fist as if to hit the victim.

Physical injury means any impairment of physical condition, excluding minor injuries. (Md. Code Ann., Crim. Law § 3-203.)

Reckless Endangerment

This is a misdemeanor charge and occurs when a person recklessly puts someone at risk of death or seriously physical injury.(Md. Code Ann., Crim. Law § 3-203.) The offender does not have to intend to put someone in danger, but their behavior was reckless and the offender did nothing to attempt to prevent the possible harm or death. If a defendant is found guilty, this offense is punishable by up to 5 years in state prison.

Defenses

There are several defenses to these charges including defense of self and defense of others. In addition, if charged with one level of assault, a skilled criminal defense attorney can attempt to negotiate with the prosecutor to have the charges reduced to a lower level.

Each assault case has unique facts and circumstances and you must hire an experienced attorney to advise you on the best defense for your case. The criminal defense team at Zewdu Alem & Associates has extensive experience representing clients facing these charges. Call us at (310) 608-1133 or contact us at Inquiry@alemlawgroup.com to learn more.

http://mgaleg.maryland.gov/2016rs/statute_google/gcr/gcr.pdf