MARYLAND ASSAULT & BATTERY DEFENSE ATTORNEYS

DEFENDING CLIENTS CHARGED WITH ASSAULT & BATTERY & DOMESTIC VIOLENCE CHARGES IN MARYLAND

To obtain a general overview of assault and battery and domestic violence, please click here

To learn more about the laws pertaining to assault & battery or domestic violence in Virginia or Massachusetts, please click on the state.

The following are some of the different types of assault and battery charges one could face in the State of Maryland.

Click on any of the types of the Maryland assault and battery charges to learn more about them:

• Assault in the first degree
• Assault in the second degree
• Action for assault or defamation
• Child abuse

Maryland Assault and Battery

MD Code § 3-202. Assault in the first degree (top)

Prohibited

(a)(1) A person may not intentionally cause or attempt to cause serious physical injury to another.
(2) A person may not commit an assault with a firearm, including:
(i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle, as those terms are defined in § 4-201 of this article;
(ii) an assault pistol, as defined in § 4-301 of this article;
(iii) a machine gun, as defined in § 4-401 of this article; and
(iv) a regulated firearm, as defined in § 5-101 of the Public Safety Article.

Penalty

(b) A person who violates this section is guilty of the felony of assault in the first degree and on conviction is subject to imprisonment not exceeding 25 years.

MD Code § 3-203. Assault in the second degree (top)

A person may not commit an assault.

(b) Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.
(c)(1) In this subsection, “physical injury” means any impairment of physical condition, excluding minor injuries.
(2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is a law enforcement officer engaged in the performance of the officer’s official duties.
(3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

MD Code § 5-105. Action for assault or defamation (top)

An action for assault, libel, or slander shall be filed within one year from the date it accrues.

MD Code§ 3-601. Child abuse (top)

Definitions

(a)(1) In this section the following words have the meanings indicated.
(2) “Abuse” means physical injury sustained by a minor as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the minor’s health or welfare is harmed or threatened by the treatment or act.
(3) “Family member” means a relative of a minor by blood, adoption, or marriage.
(4) “Household member” means a person who lives with or is a regular presence in a home of a minor at the time of the alleged abuse.
(5) “Severe physical injury” means:
(i) brain injury or bleeding within the skull;
(ii) starvation; or
(iii) physical injury that:
1. creates a substantial risk of death; or
2. causes permanent or protracted serious:
A. disfigurement;
B. loss of the function of any bodily member or organ; or
C. impairment of the function of any bodily member or organ.

Child abuse in the first degree (top)

(b)(1) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor that:
(i) results in the death of the minor; or
(ii) causes severe physical injury to the minor.
(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the first degree and on conviction is subject to:
(i) imprisonment not exceeding 25 years; or
(ii) if the violation results in the death of the victim, imprisonment not exceeding 30 years.

Repeat offenders

(c) A person who violates this section after being convicted of a previous violation of this section is guilty of a felony and on conviction is subject to:
(1) imprisonment not exceeding 25 years; or
(2) if the violation results in the death of the victim, imprisonment not exceeding 30 years.

Child abuse in the second degree (top)

(d)(1)(i) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor.
(ii) A household member or family member may not cause abuse to a minor.
(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the second degree and on conviction is subject to imprisonment not exceeding 15 years.

Sentencing

(e) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

For more information or to make an appointment with Maryland assault & battery attorney of SRIS, P.C., please call, send an e-mail or complete the on-line form

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