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Assault & Battery Attorney in Anne Arundel County, Maryland

Assault and battery charges are serious charges in Maryland that require a competent 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 attorney at Kathleen M. Kirchner Attorney At Law, will work to build a strong defense and help you get the charges reduced or dismissed. 

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. 

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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 fear of potential battery.  

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 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 no more than 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.  

  • 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 from a motor vehicle. Reckless endangerment is a misdemeanor punishable by up to five years in prison.  

If you do not agree with the classification of your offense, contact a skilled criminal defense attorney to discuss your options for getting the charge reduced or dismissed.  

Possible Penalties

Maryland takes assault and battery cases very seriously. Penalties for assault and battery typically include incarceration and fines. Penalties may vary depending on three primary factors: 

  1. The defendant’s prior criminal history; 

  1. The circumstances of the incident; and 

  1. 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.  

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 

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 from an imminent threat of 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.  

Assault & Battery Attorney in Anne Arundel County, Maryland

To be convicted of assault and battery, the prosecution must prove several elements of the crime. If you are facing criminal charges for assault and battery in Anne Arundel County or other parts of Maryland, contact Kathleen M. Kirchner Attorney At Law to get help. Kathleen can help you prepare your defense and will fight to protect your rights every step of the way. Call Kathleen to receive a free case review.