Assault charges in Maryland
Defense of First-Degree and Second-Degree Assault Charges
In Maryland, conduct commonly described as “assault and battery” is generally prosecuted under the State’s assault statutes. Maryland recognizes first-degree and second-degree assault, and the specific charge depends upon the alleged conduct and circumstances of the case.
An assault allegation does not necessarily mean that the State can prove an assault occurred. These cases often depend on what happened between the people involved, whether physical contact occurred, whether an alleged victim was placed in fear of immediate physical harm, whether an injury occurred, and whether the available evidence supports the version of events reported to police.
The defense begins with the evidence. Body-worn camera footage, 911 calls, photographs, medical records, witness statements, text messages, surveillance video, and prior or inconsistent statements may become important in determining what actually occurred and whether the State can prove the charge beyond a reasonable doubt.
If you have been charged with assault or battery in Anne Arundel County or surrounding counties, contact Kathleen M. Kirchner Attorney at Law to review the allegations and begin preparing your defense.
How Assault Defense Challenges the State's Evidence
An assault charge often begins with one person’s account of what happened, but the accusation is not the end of the inquiry. The defense should examine whether the evidence actually proves the particular type of assault alleged and whether the State can establish every required element beyond a reasonable doubt.
Maryland assault cases may involve allegations of unwanted physical contact, an attempt to cause physical harm, or conduct intended to place another person in fear of immediate physical harm. The facts and required proof differ depending upon the type of assault alleged.
A defense may therefore focus on conflicting witness accounts, self-defense or defense of another, the absence or nature of injuries, inconsistent statements, 911 calls, body-worn camera footage, photographs, medical records, surveillance video, text messages, and other evidence surrounding the incident.
What happened immediately before and after the alleged assault can also matter. A careful defense examines the entire encounter rather than simply accepting the allegation contained in the charging document.
Clients charged with assault offenses in Maryland often have immediate questions about the difference between first- and second-degree assault, self-defense, the evidence needed to prove an assault, and whether the charges can be reduced or dismissed.
Common Questions About Assault and Battery Defense
First-degree assault is the more serious offense. Under current Maryland law, it includes intentionally causing or attempting to cause serious physical injury, committing an assault with a firearm, or intentionally strangling another person. First-degree assault is a felony punishable by up to 25 years.
Second-degree assault generally covers other assaults and may involve unwanted physical contact, an attempted battery, or intentionally placing another person in fear of immediate physical harm. The facts and the particular type of assault alleged determine what the State must prove. Second-degree assault is a misdemeanor punishable by up to 10 years.
What is the difference between first-degree and second-degree assault in Maryland?
Self-defense may provide a complete defense to an assault charge, but the issue must first be generated by the evidence. The defendant has the initial burden of producing “some evidence” that, if believed, would support a claim of self-defense. This is a relatively low evidentiary threshold.
Once self-defense has been properly generated, the defendant does not have the ultimate burden of proving it. The State must prove beyond a reasonable doubt that the defendant did not act in self-defense.
Whether self-defense applies depends on the particular circumstances, including who was the initial aggressor, the nature and immediacy of the perceived threat, and whether the amount of force used was reasonable under the circumstances.
How does self-defense work as a legal strategy?
Credibility can be an important issue in an assault case, particularly when the State's case depends heavily on the account of the alleged victim. The judge or jury ultimately determines what testimony to believe and how much weight to give it.
A defense may examine whether an alleged victim's statements have remained consistent, whether the account is supported or contradicted by physical evidence, photographs, medical records, 911 calls, body-worn camera footage, text messages, surveillance video, or other witnesses, and whether there are reasons to question the accuracy or reliability of the account.
The defense should evaluate the allegation against all of the available evidence rather than considering any statement in isolation.
What role does the alleged victim's credibility play?
Yes. Assault charges may be reduced or dismissed depending on the evidence and circumstances of the case. In practice, domestic-violence incidents are sometimes charged at a level that is not ultimately supported by the evidence developed after the initial police response.
A defense attorney should examine what the evidence actually establishes—not simply the charge selected at the beginning of the case. Body-worn camera footage, 911 calls, injuries or the absence of injuries, witness statements, self-defense, inconsistencies, and other evidence may affect whether the original charge can be proven.
The alleged victim cannot simply “drop the charges.” The State controls the prosecution, although Maryland law does provide circumstances in which an assault charge may be dismissed before trial.
Can assault charges be reduced or dismissed?
It depends on the type of assault alleged. Maryland recognizes different forms of assault, including intent-to-frighten, attempted battery, and battery, and each requires different proof.
The State may need to prove an intent to place someone in fear of immediate physical harm, an intent and attempt to cause physical harm, or an unlawful physical contact resulting from an intentional or reckless act. The particular theory of assault matters because the State must prove the required elements beyond a reasonable doubt.
Why does intent matter in an assault case?
Kathleen M. Kirchner represents clients charged with first-degree and second-degree assault and other criminal offenses throughout Maryland. Based in Anne Arundel County, she regularly represents clients in Annapolis and surrounding jurisdictions.
As a former prosecutor and experienced criminal trial attorney, Ms. Kirchner approaches assault cases by examining the evidence, the circumstances surrounding the allegation, and the legal issues that may affect the State's ability to prove the charge.