Assault and Battery Charges in Waldorf, Maryland

In many states, assault and battery are two crimes. However, Maryland criminal law combines the two offenses as one charge — assault — with three degrees. In most states, an assault is creating a reasonable fear or apprehension in another person of some imminent violent or unwanted contact. For example, threatening to hit someone with a baseball bat is called an assault in most states. However, as noted, the fear and apprehension must be reasonable to an objective person. So, if the threat is to hit a person with a baseball bat, but there is no baseball bat present, and the person threatening the action is 5’5″ tall and the other is 6’5″, that would probably not be an assault. Maybe there will be an arrest, but a conviction would be difficult for the prosecuting attorneys. Battery is generally the actual physical touching and/or violent action. In our example, a battery would be the use of a baseball bat to hit the other person.

However, as noted, in Maryland, all of these are called “assault.” Assault is a serious crime in Maryland. A conviction for first-degree felony assault carries a maximum prison term of 25 years, a second-degree felony assault conviction can result in a term of 10 years, and a second-degree misdemeanor assault conviction can result in a term of 10 years.

If you have been arrested or charged with assault and battery, call the experienced and proven Maryland criminal defense lawyers at the Law Office of Robert Castro. Call us at (301) 870-1200. We are available around the clock, 24/7, and can discuss with you possible defenses to the charges.

First-Degree Felony Assault in Maryland

To obtain a conviction for first-degree felony assault, Maryland prosecutors must prove — beyond a reasonable doubt — two legal elements:

• That the accused committed an act of violence or unwanted touching against another AND
• A weapon was used to commit the assault, OR the assault resulted in serious bodily harm to the victim

Second-Degree Felony Assault in Maryland

To obtain a conviction for second-degree assault, Maryland prosecutors must prove — beyond a reasonable doubt — the following:

• That the accused committed an act of violence or unwanted touching against another AND
• The victim was a police officer (or other official) engaged in official duties

Second-Degree Misdemeanor Assault in Maryland

To obtain a conviction for second-degree misdemeanor assault, Maryland prosecutors must prove — beyond a reasonable doubt — the following:

• That the accused used intimidation or threats to create a reasonable fear and apprehension of violence or harm in the victim AND
• The fear or apprehension was reasonable under the circumstances of the case

Possible Defenses to Assault Charges in Maryland

Failure of proof is one possible defense. This might involve several possible arguments, such as the threat was not serious, the victim was not an officer engaged in official duties, the alleged fear and apprehension was not reasonable, etc.

Other defenses might include self-defense, defense of others, provocation, and more.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is