Assault is one of the most commonly charged crimes in Salisbury and throughout Maryland. The penalties associated with assault can be steep. As it is a crime of violence, an assault conviction can result in a lifelong criminal record, loss of employment, and the loss of freedom. If you are facing assault charges, you are also likely facing significant fines and other criminal and social consequences.
At Portner & Shure, P.A., we have been zealously representing those accused of assault for more than 30 years. Our Salisbury assault and battery attorneys want to advocate for you!
Call now to get more information about our services.
Maryland Assault & Battery Laws
In Maryland, battery is considered the unlawful use of force on another person. The severity of the injury is secondary, which is to say you can be charged with battery if you punch someone across the face or sneak up behind them and cut their hair without their permission. Assault is the crime of attempting to harm someone or make them fearful for their wellbeing, i.e., the deliberate attempt to commit battery.
It is common to be charged with assault and battery because people who commit assault are often successful and, therefore, commit battery as well.
The severity of the charges and potential consequences can also change depending on various details surrounding the crime. For example, using a firearm in the process of an assault and battery can escalate the crime significantly.
What is Reckless Endangerment in Maryland Law?
Maryland’s reckless endangerment statute, Criminal Code Section 3-204, prohibits a person from recklessly:
- Engaging in conduct that creates a substantial risk of death or serious physical injury to another; or,
- Discharging a firearm from a motor vehicle in a way that creates a substantial risk of death or serious physical injury to another.
A person who violates this statute is guilty of a misdemeanor and, upon being convicted, is subject to imprisonment up to five years and/or a fine up to $5,000. Prosecutors often use the same strategies in assault and battery cases that they do for reckless endangerment cases, which can serve to your advantage. Repetition in prosecution is a weakness and one that we might be able to exploit if you choose us to be your Salisbury assault and battery lawyers.
Defense to Assault & Battery Charges
Several defenses are available in an assault and battery case, including the typical defense of consent. If a criminal assault is not accompanied by a threat of serious injury, the victim’s consent is a good defense. For example, if you are charged with assault because you attempted to kiss someone when you thought they were consenting, then you could argue that they had given consent, or you reasonably thought you had been given permission based on the factors leading up to that moment. The circumstances surrounding the allegation will determine if this is a viable defense.
Another common defense to assault charges is self-defense. If facts are presented that the accused was acting in self-defense, and their actions were justified or excusable, the defendant should be acquitted.
To utilize a self-defense argument, one must show that the defendant:
- Believed that they were in immediate or imminent danger of bodily harm from a potential assailant.
- Reached that conclusion as any reasonable person would.
- Did not act as the aggressor nor provoked the conflict.
- Used only the force reasonably necessary within the circumstances to defend themselves, in light of threatened or actual harm.
Value of an Experienced Criminal Defense Team
The knowledgeable and experienced legal team at Portner & Shure has defended those accused of assault and battery throughout Salisbury for more than 30 years. We understand the nuances of the law and how to effectively defend you. Our aggressive approach means that we have earned the respect of law enforcement officers, prosecutors, and judges alike. This is in addition to the countless five-star reviews we have received from prior clients. Portner & Shure has also received many awards based on our experience and high level of client service, such as Maryland’s “10 Best Law Firms” by the American Institute of Criminal Law Attorneys of 2020.
