Baltimore, MD Assault and Battery Lawyers

Attorneys Defending Against Assault Charges in Baltimore, Maryland

In Maryland, the offenses that are commonly known as assault and battery are addressed in the state's statutes defining first-degree assault and second-degree assault. At Silverman Thompson, our criminal defense lawyers can provide representation for people who are charged with these offenses. We work to ensure that our clients can resolve criminal cases successfully while minimizing the penalties that could affect their lives.

Second-Degree Assault

In Maryland, second-degree assault is classified as a misdemeanor, but it can lead to serious penalties. A person convicted of this offense may be required to serve up to 10 years in prison, and they may also be assessed a maximum $2,500 fine. Second-degree assault is among a classification of misdemeanors known in common parlance as "penitentiary misdemeanors." These are misdemeanor crimes for which a person can be sentenced to more than a year in jail and therefore can be sent to the state prison system as opposed to a county detention center.

There are three types of situations in which a person may be charged with second-degree assault:

A person may be accused of an offense that would traditionally be referred to as battery, which involves intentionally touching another person in an offensive manner without that person's permission and without justification. A person may be accused of punching, shoving, kicking, spitting on, or biting someone. This type of offense may also include throwing an object at someone without inflicting a serious injury or attempting to cause harm. This is a "general intent" offense, and it will only require a prosecutor to prove that the act was committed intentionally and that a person did not have a legal justification like acting in self-defense or to defend someone else.

A person may also be accused of second-degree assault if they allegedly attempted to commit battery. Assault charges may apply if a person attempted to punch, spit on, or kick someone. This offense may also involve throwing an object with the intent to hit someone, but the object that was thrown would not be likely to cause a serious injury.

Finally, second-degree assault may be charged if someone is accused of acting in a way that caused someone to fear that they would experience imminent offensive contact. For example, a person may threaten to hit someone, and they may act as if they are about to carry out that threat immediately. A threat that a person is going to attack someone in the future would not be considered an imminent threat. A person may make a threat, and they may also move toward the person in a threatening manner, or they may prepare to punch someone or throw something at them. These actions could lead to second-degree assault charges

First-Degree Assault

First-degree assault is a felony that carries a maximum prison sentence of 25 years. First-degree assault is what is known as a "specific intent" offense. To convict a person of first-degree assault, the state must prove that the defendant committed one of four acts:

• Committing an assault that results in "serious physical injury." Serious physical injury is an injury that creates a substantial risk of death, permanent or protracted disfigurement, loss of the function of any bodily organ, or impairment of a function of a bodily member or organ.
• Intentionally strangling another person. Strangulation means impeding the normal breathing or blood circulation of another person by applying pressure to the other person's neck or throat.
• Attempting to cause serious physical injury as described above. Examples of this category of assault would be attempting to strike someone in the head with a club or baseball bat or attempting to stab someone in a vital part of the human anatomy with a knife or other sharp implement.
• Committing an assault with a firearm. It is not necessary for a person to actually fire the weapon at another person to commit a first-degree assault. Simply pointing a firearm at another person has been held to be sufficient evidence to commit this serious crime.

Contact Our Baltimore Assault and Battery Defense Attorneys

Charges of assault are serious crimes. Because of the penalties that a person may face, these cases will require experienced representation from a criminal defense attorney. The team at Silverman Thompson is committed to providing our clients with the highest standard of defense. To get the legal help you need as you defend against these charges, contact our Baltimore, MD assault lawyers at 410-385-2225 and set up a free consultation.