Maryland, Assault & Battery Defense Attorney

Assault and battery charges are serious charges in Maryland that require an experienced and aggressive defense. These charges carry heavy consequences that could alter your future, so it is vital to seek help. The assault and battery defense attorneys at Kathleen M. Kirchner Attorney at Law, located in Anne Arundel County, will work to build a strong defense and help you get the charges reduced or dismissed.  Serious felony defense requires the knowledge of a skilled attorney. These cases require Indepth knowledge of the Judge who will hear your case, the presentation of your defense, complex suppression hearings, jury instructions, the rules of evidence and more.

We offer free Consultation in person or virtually – Call 410-280-1777  

We answer the phone 24/7

If you’ve been charged with any criminal charge, Kathleen Kirchner and her team will help you. As an experienced attorney who has handled thousands of criminal cases our firm provides:

• Fixed Fees – You’ll know how much legal fees will be, even if we go to trial.

• Payment Plans for Legal Fees (as needed).

• Credit Card Payments Accepted.

• 24/7 Availability. The bail review is tomorrow, can you be there? Do I qualify for a Probation Before Judgment (“PBJ”)? Will I avoid jail? Is what the police did even legal?

• We have the answers to your questions.

• Affordable, fierce, and experienced representation. Every case is reviewed for constitutional violations, improper searches, seizures, stops and evidence. We will also make sure that you are completely prepared for court with us by your side.

Kathleen has the necessary expertise and experience to fight for the best possible resolution of your case. Her law firm serves clients facing assault and battery charges in Anne Arundel County, Maryland, and throughout the state, including Prince George’s, Queen Anne’s, Howard, and Calvert Counties,

Assault & Battery Charges in Maryland

In the past, the offenses of assault and battery were defined as distinct crimes in Maryland, where assault involved threats of immediate harm while battery involved physical contact and the infliction of harm. However, assault and battery are now combined into one offense with varying degrees.  

Under Maryland law, assault occurs when a person:  

• Commits battery or makes offensive and unwanted physical contact with another person;  

• Attempts battery or attempts to make offensive and unwanted physical contact with another person; or 

• Puts another person in reasonable fear of unwanted physical contact.  

The prosecution must prove that the defendant’s actions were intentional or reckless to secure a conviction when the defendant is accused of committing battery or attempting to commit battery. If the defendant is accused of putting another person in fear of potential battery, the prosecution must prove the reasonableness of the apprehension of battery.  

While Maryland law does not require the crime of assault to result in bodily injury to the victim, assaults that involve injuries are punished more severely.  

Types of Assault & Battery Charges in Maryland

Maryland law recognizes different types of assault and battery charges based on the severity of the incident:  

• First-degree assault. This type of assault occurs when a person intentionally causes or attempts to cause serious physical harm to another person or uses a firearm when assaulting the alleged victim. When classifying assault and battery charges, Maryland law defines serious physical harm as an injury that can cause death or permanent damage. First-degree assault is a felony punishable by up to 25 years in prison.  

• Second-degree assault. This type of assault occurs when the incident does not meet the definition of assault in the first degree. In other words, if no firearm was used in the commission of the assault and the incident did not result in serious physical harm, the offense will most likely be classified as a second-degree assault. Second-degree assault is a misdemeanor punishable by no more than 10 years in prison.  Second-degree assault is most commonly charged in alleged domestic violence cases.

• Reckless endangerment. Reckless endangerment often falls into the category of assault and battery charges. This type of offense is defined as placing another person at risk of serious injury or death or discharging a firearm in the vicinity of the alleged victim. Reckless endangerment is a misdemeanor punishable by up to five years in prison.  

Even when charged with a misdemeanor, you must have the assistance of a skilled criminal defense attorney. Now is not the time to call a family friend who happens to be a lawyer. Criminal defense is a highly skilled area of the law that requires practiced trial experience. Often a skilled criminal defense attorney can assist you to get the charge reduced or dismissed.  Now is the time to call 410-280-1777. We are ready to help you.

Possible Penalties

Maryland takes assault and battery cases very seriously. Penalties for assault and battery usually includes incarceration, probation and fines. Penalties may vary depending on three primary factors: 

1. The defendant’s prior criminal history; 

2. The circumstances of the incident; and 

3. The severity of injuries caused to the alleged victim.  

If you are facing assault and battery charges in Maryland, one thing to keep in mind is that diversion programs and alternate sentencing options are generally not available to those convicted of this crime.   However, Kathleen has been very successful in working with the Courts to get her clients into treatment. Sometimes that is through what is known as "8-505 programs" or other available drug and alcohol treatment programs.

Possible Defenses When Facing Assault & Battery Charges

When facing assault and battery charges, there may be several possible defenses to choose from to challenge the prosecution’s case and avoid a conviction. Some of the common defense strategies include:  

1. Mistaken Identity 

This defense is used when the defendant was falsely identified as the perpetrator of the assault. Mistaken identity can occur if there were multiple people involved in the altercation, and the victim was not able to clearly identify who exactly committed the assault.  

2. Self-Defense/Defense of Others

Self-defense is a defense tactic that is designed to protect an individual from physical harm. A self-defense claim is often used when the defendant was defending themselves or others from an imminent threat of physical harm or an attack on their property.  

3. No Intent 

This defense is used when the defendant did not intend to assault or harm another individual. For example, if the defendant accidentally bumped into someone and caused an altercation, they may argue that the incident was not intentional and therefore should not be considered assault and battery. 

4. No Credible Threat 

In an assault and battery case, the prosecution must prove beyond a reasonable doubt that the victim was in imminent danger of violence. If the prosecution fails to show that the defendant posed a credible threat, the charges may be dismissed.