In the state of Maryland, the laws on crimes of assault and battery are arranged under two statutory crimes
- Second-degree assault in Maryland
- First-degree assault in Maryland
Second Degree Assault in Maryland takes place when an individual makes hostile physical contact with another individual. This can be defined as punching, shoving or biting another person, assault can be done in three different ways:
- Committing battery
- Attempting to commit battery
- Of placing in an individual in fear of battery.
Second-degree act of physical violence is considered a general intent crime. This means that the court will only need proof that the defendant intended to commit battery in a situation where it was uneasy (self defense is justified). Under the law in the state of Maryland, Second Degree act of physical violence is a penitentiary misdemeanor (crime for which a person may be sentenced to more than one year in jail.
A person found guilty of second-degree act of physical violence faces a penalty of up to 10 years in prison and/or a fine up to $2500.
- Attempting to commit battery
- Try to punch, kick or bite another individual
This also includes throwing objects with the intention of hurting someone but failing.
Fear of Battery
- This is done by means of threatening to hurt an individual along with making a hostile move towards the individual.
First defense Assault
First degree assault is defined as inflicting or attempting to inflict a serious physical injury to another person. For a person to be charged with first degree assault, the court must prove that the assault was committed by the defendant either with
- The intention of causing bodily harm
- Assault that actually causes serious bodily harm
- The apprehension of causing serious bodily harm
Serious bodily harm is ‘ ‘ as an injury that severe enough to cause a large amount of damage to the body and/or the risk of death.
First Degree act of physical violence is a crime that is punishable by a sentence of up to 25 years in prison.
Assault Against Police Officers
The assault and intentional cause of harm to any law enforcement officers,
- Emergency medical care providers
- First responders
- Medical technicians
In order to be charged with attack on an officer, the state should prove that the defendant was aware or should have been aware that the assaulted officers was an officer.
The penalty for assault on a law enforcement officer, or emergency care provider is a sentence of up to 10 years in prison and/or a fine of up to $5000. The state of Maryland acknowledge the existence of ‘ reckless endangerment; It is a crime to get involved in conduct that may causes a large risk of injury and/or death of another person.
This does not include the use of vehicles such as cars/bikes. It is also punishable crime to recklessly fire a gun from a vehicle where it may cause a serious injury or death to an individual in the area. A person found guilty of reckless endangerment may face up to $5000.
If you need a Maryland Assault and Battery lawyer to help you with your Assault and Battery case in Maryland, call us at 888-437-7747. Our Maryland Assault and Battery attorneys can help you. C