If you have been
charged with assault (or as some people refer to it:
Assault & Battery) in the state of Maryland, then you need an
experienced and trusted Maryland Assault Defense Attorney. Contact the
Law Offices of G. Randolph Rice, Jr., LLC, at
410.288.2900 to discuss your case and schedule a free consultation.
In the state of Maryland, there are two main criminal statues that provide for the prosecution of an assault. Maryland Criminal Law 3-202 (
Assault in the first degree) and 3-203 (
Assault in the second degree). For a person to be convicted of either of these offenses, a Judge or jury must find beyond a reasonable doubt that the Defendant committed all elements of the crime.
If you need a
Maryland Assault & Battery Law Attorney, contact us to schedule a free consultation.
For a Judge of jury in the state of Maryland to find a Defendant guilty, the State can pursue the charges under three different elements of assault in the second degree.
The state can argue one or all of these elements to prove that the Defendant committed the offense of
Assault in the Second Degree:
1) Intent to Frighten:
Assault is intentionally frightening another person with the threat of immediate (either) [offensive physical contact] [physical harm]. In order to convict the defendant of assault, the State must prove:
(1) that the defendant committed an act with the intent to place the victim in fear of immediate [offensive physical contact] [physical harm]; (2)
that the defendant had the apparent ability, at that time, to bring about [offensive physical contact] [physical harm]; and (3) that (victim) reasonably feared immediate [offensive physical contact] [physical harm]; [and] (4)
that the defendant’s actions were not legally justified.
2) Attempted Batter
Assault is an attempt to cause [offensive physical contact] [physical harm]. In order to convict the defendant of assault, the State must prove:
(1) that the defendant actually tried to cause immediate [offensive physical contact with] [physical harm to] (victim); (2) that the defendant intended to bring about [offensive physical contact] [physical harm]; and (3) that the defendant’s actions were not consented to by (victim) [or not legally justified]. (note on use)
3) Battery
Assault is causing offensive physical contact to another person. In order to convict the defendant of assault, the State must prove:
(1) that the defendant caused [offensive physical contact with] [physical harm to] (victim);
(2) that the contact was the result of an intentional or reckless act of the defendant and was not accidental; and (3) that the contact was not consented to by (victim) [or not legally justified].
If you have been charged with Assault in the First Degree, you need a Maryland Assault in the First Degree Attorney defending your case. Contact our office at 410.288.2900 to schedule a free consultation with a
Maryland Assault Law Attorney.
First Degree Assault
In order to convict the defendant of first degree assault, the State must prove all of the elements of second degree assault and must also prove that:
(1) the defendant used a firearm to commit assault; or
(2) the defendant [intended to cause] serious physical injury in the commission of the assault.
A firearm is a weapon that propels [a bullet] [shotgun pellets] [a missile] [a projectile] by gunpowder or a similar explosive.
Serious physical injury means injury that
(1) creates a substantial risk of death; or
(2) causes serious and permanent or serious and protracted [disfigurement] or [loss or impairment of the function of any bodily member or organ].
The following information has been extracted from the Maryland Pattern Jury Instructions.
If you have been charged with assault in Maryland, contact a Baltimore Criminal Law Attorney at 410.288.2900.
