Practice Page: Assault

Maryland Assault Charge Defense Attorney

Sometimes situations escalate and people find themselves charged with assault. At the Elkton, Maryland, law office of John Downs, we have represented hundreds of clients facing similar charges. We place great importance on talking openly with our clients to help them understand how they are affected by Maryland law. Attorney John Downs also works aggressively to defend you in court. Call our office to arrange a free consultation at 410.398.0313.

John P. Downs, Attorney at Law

Being convicted of assault can bring serious penalties including jail or prison time, fines and probation. Although the specific definition of assault varies by jurisdiction, it is typically viewed as the act of putting another person in fear of harm or offensive contact by the use of force or the threat of force. Some jurisdictions also consider an intentional injury to be an assault. If you have been charged with assault, it is important to know the law and procedures of your state and county. Seek the advice of an experienced attorney as you determine how to fight the charges.

What Is Assault?

Assault is an attempt to hurt someone physically; it is also the threat of force or use of force, making the victim apprehensive of harmful or offensive contact. Battery, on the other hand, is typically defined as the actual touching of the victim in a harmful or offensive manner. Some jurisdictions define assault and battery differently than others; a defense attorney in your area can assist you with the precise definitions and associated defenses.

If the assault occurs while the defendant is using a deadly weapon or attempting to commit a serious crime, it is an aggravated assault. Because this is a more serious crime than simple assault, the punishment is usually more severe. Injury does not necessarily have to occur for the crime to be aggravated assault.

Is Assault a Misdemeanor or a Felony?

Assault may be charged and prosecuted as either a misdemeanor or a felony. It depends on the circumstances of the alleged crime and the specific laws of jurisdiction in which the event occurred. The prosecutor in the case will ultimately decide how to charge the defendant. Both misdemeanor and felony charges should be taken seriously, as both may have long-term consequences.

What Are Possible Defenses to Assault Charges?

If a reasonable person would have felt it necessary to use force to avoid a danger of being hurt, and reasonable force was used, then there may be a viable self-defense argument. This also may apply when the person was defending someone else against the danger of physical harm. In other cases, the alleged assault may have been accidental, or the accuser may have misinterpreted the defendant's actions. The defense of property may even be a viable defense to a charge of assault. Finally, mitigating circumstances could help reduce the defendant's responsibility as well.

Speak with an Attorney

Conviction for assault can lead to imprisonment, fines, probation or parole, the inability to hold certain jobs and the loss of the right to possess a firearm. If you or your loved one has been charged with assault, it is important to speak with an attorney who knows the law and procedure of your jurisdiction. Contact an experienced attorney to learn more.

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The U.S. Department of Justice estimates that, as of the end of 2001, there were approximately 5.6 million people in the United States who have served or are serving time in prison. This figure includes 1.3 million adults currently serving time, and 4.3 million former adult prisoners. Every year, there are more than 800,000 assaults reported in the U.S. If the charge against you is felony or misdemeanor assault, you should know that a conviction may stay on your record permanently. In addition to time in prison or jail, you may be prevented from getting the type of job you want after you are released. It is extremely important that a person charged with criminal assault get the services of an experienced criminal defense attorney.

Frequently Asked Questions about Assault

Q: What is the definition of "assault"?

A: Assault is the most commonly committed violent crime in the US. In many states, assaults are classified as either "simple" or "aggravated." A simple assault is making another person apprehensive of a physical attack or negligently causing injury to another person with a weapon. The exact definition, however, depends upon the state in which the alleged crime takes place. Aggravated assault is assault that occurs in conjunction with an attempt to cause serious injury or commit another crime; often, a deadly weapon is involved. A defendant may be convicted of aggravated assault even if the victim was not physically hurt.

Q: How is "assault" different from "battery"?

A: Traditionally, if the victim has been actually touched by the person committing the crime, then a battery has occurred. If the victim has not been touched, but only threatened, then the crime is assault. In many states, the distinction between assault and battery has been abolished and either type of action may be charged as an assault.