Baltimore Assault & Battery Lawyers

Facing Assault & Battery Charges in Baltimore? Contact T. Wray McCurdy, P.A. Today

If you have been accused of any type of assault or battery, you could be facing either a misdemeanor or felony charge depending on the circumstances. A conviction could land you in jail or impose heavy fines and leave you with a permanent criminal record. Assault and battery crimes can occur in all kinds of situations, between neighbors, in altercations at nightclubs, bars, sporting events, and other locations, in a domestic situation, and in other public gatherings. Being arrested in any of these circumstances can be embarrassing as well as scary, especially if you have never been in trouble with the law before.

If you or someone you know has been charged with any type of assault crime in or around the greater Baltimore area, your first thought should be to secure competent legal help. Being thrown into the criminal justice system can be confusing and stressful involving language, proceedings, and decisions you may not understand. At T. Wray McCurdy, P.A., you can work with a team of Baltimore assault and battery defense attorneys who have handled more than 22,000 cases and have earned high peer-reviewed ratings in so doing.

Arrested for assault? Call (410) 834-8466 for a free evaluation of your legal options. 

Understanding Maryland's Assault & Battery Laws

If you are facing an assault charge in Baltimore, you are dealing with a serious criminal offense that carries the potential for significant jail time, fines, and a permanent criminal record. The legal landscape for assault cases in Maryland is unique, with specific statutes and local judicial practices in places like the Baltimore City Circuit Court. Understanding these laws is the first step toward building a powerful defense.

At T. Wray McCurdy, P.A., our team is deeply familiar with the intricacies of Maryland assault law and the specific challenges of defending these charges in Baltimore. We leverage our knowledge of local law enforcement procedures and prosecutorial strategies to protect your rights and fight for the best possible outcome.

How Maryland Defines Assault: It's Not “Assault & Battery”

Many people use the phrase “assault and battery” to describe a physical attack. While other states have separate charges for the threat (assault) and the actual act (battery), Maryland law is different. Maryland consolidates all of these actions under the single criminal charge of assault.

You may be charged with assault in Maryland for any of the following actions:

• Causing Offensive Physical Contact: Intentionally making unwanted physical contact with another person, such as spitting on them, shoving them, or striking them. 
• Attempting to Cause Harm: Trying to cause physical harm, even if you never make contact. For example, throwing a punch and missing is still considered assault.
• Causing Fear of Harm (Threatening): Intentionally placing another person in fear of immediate physical harm. Raising a fist in a threatening way or making a credible verbal threat can lead to an assault charge, even with no physical contact.

Because no physical injury is required, the threshold for being charged with assault in Maryland is lower than many people realize. The specific charge you face will depend on the severity of the incident.

Types of Assault Charges in Maryland

In Baltimore, the legal landscape for assault and battery cases is distinct, reflecting Maryland’s unique statutes and precedents. Local courts, such as the Baltimore City Circuit Court, often hear these cases, requiring a nuanced understanding of both state laws and local judicial practices. Our team at T. Wray McCurdy, P.A. is well-versed in handling these intricacies, ensuring your defense is strategically aligned with current legal standards and practices.

Maryland law classifies assault into two primary degrees, with penalties that vary drastically based on the circumstances of the case, the level of harm, and whether or not a weapon was involved.

Second-degree assault (Misdemeanor)

Second-degree assault is the most common type of assault charge in Maryland. It is a broad category that covers a wide range of actions, from making threats to causing physical harm that is not considered “serious."

Examples of second-degree assault include:

• A bar right resulting in minor bruises.
• Any unwanted, offensive touching.
• Threatening someone with imminent harm.

Despite being a misdemeanor, a second-degree assault conviction carries severe penalties of up to 10 years in prison and/or a fine of up to $2,500.

Enhanced Penalties for Assault on Law Enforcement and Public Servants

It’s important to note that if the alleged victim of a second-degree assault is a law enforcement officer, parole or probation agent, firefighter, or certain other public servants performing their official duties, the charge is elevated to a felony. In these cases, the penalties are more severe, including up to 10 years in prison and a maximum fine of $5,000, reflecting Maryland’s commitment to protecting those serving the public.

First-degree assault (felony)

First-degree assault is a felony and one of the most serious criminal charges in Maryland. An assault is elevated to the first degree if the prosecution can prove that the defendant:

• Used a firearm to commit the assault; or
• Intended to cause, or attempted to cause, “serious physical injury” to another.

Maryland law defines “serious physical injury” as any injury that creates a substantial risk of death or causes permanent or protracted disfigurement, loss of function, or impairment of any bodily member or organ. Felony assault charges in Maryland can carry a maximum penalty of 25 years in prison, or even more severe penalties for repeat offenders.

Do not underestimate the severity of an assault charge. A conviction can alter the course of your life. Whether you are facing a misdemeanor second-degree charge or a serious felony assault allegation, you need a dedicated Baltimore criminal defense attorney at your side to guide you every step of the way.

Common Defenses for Assault Charges in Maryland

Facing an assault charge does not mean a conviction is inevitable. Maryland law recognizes several defenses that can be raised in court, depending on the circumstances of your case:

• Self-Defense: You may claim self-defense if you reasonably believed you were in immediate danger of bodily harm and used no more force than necessary to protect yourself. Maryland law requires you to attempt to retreat if safely possible, except when you are in your own home (the “Castle Doctrine”) or if retreat would put you in further danger.
• Defense of Others: Similar to self-defense, you may use reasonable force to protect another person from harm, provided your intervention was necessary and proportionate to the threat.
• Defense of Property: Maryland allows the use of reasonable, non-deadly force to protect your property from theft or damage. Deadly force is only justified if your life or someone else’s is in imminent danger.
• Consent: If the alleged victim consented to the conduct (for example, in a mutual fight), this may be a valid defense in some cases.
• Lack of Intent: Assault charges require intent. If the contact or threat was accidental and not intentional, this can be a strong defense.

Our attorneys will closely examine the facts of your case to determine which defenses may apply and ensure your rights are vigorously protected in court.

Get Reliable Legal Support for your Assault & Battery Case from T. Wray McCurdy, P.A.

An assault charge could sideline your personal and professional life for a long time and make the future difficult due to a criminal record that can be easily accessed by others. Your best action is to ensure that your legal rights are protected and that you have a trusted professional pursuing your best interests throughout the entire criminal justice proceeding. All of that and more can be accomplished when you turn to our firm’s accomplished legal team. We will fight for you and be by your side every step of the way as we seek the most favorable outcome possible. Our strategic approach involves not just handling the immediate charges but also protecting your long-term interests, including minimizing the future impact of your case on background checks and professional opportunities. Partner with T. Wray McCurdy, P.A. to navigate these tough times effectively.

Let us use our experience and skills on your behalf. Contact us at (410) 834-8466 today or complete our online contact form for a free consultation.

Frequently Asked Questions About Maryland Assault & Battery Charges

How Are Assault Cases Typically Processed in Baltimore?

In Baltimore, assault cases begin with an arrest and a subsequent booking process. The accused is then presented at a preliminary hearing, where bail conditions may be set. Depending on the severity of the charges, cases progress to either a District or Circuit Court. The strategic choices made during these early stages, such as plea bargaining or opting for a trial, can significantly impact the case’s outcome. At T. Wray McCurdy, P.A., we guide our clients through each step, ensuring informed decisions are made.

What Should I Do If I've Been Charged with Assault in Baltimore?

Firstly, it’s important to remain calm and cooperative with law enforcement. Do not make any statements without legal counsel present, as these can be used against you. Contacting a knowledgeable attorney at T. Wray McCurdy, P.A. immediately can dramatically affect your case’s trajectory. We provide critical guidance and representation from the moment of arrest through final judgment, advocating vigorously on your behalf.

Can Assault Charges Be Dropped or Reduced?

Yes, in certain circumstances, assault charges can be negotiated down or even dismissed. Factors influencing this include the strength of evidence, witness credibility, and your prior criminal record. Engaging a competent legal team like T. Wray McCurdy, P.A. increases the likelihood of negotiating favorable terms. Our history of managing over 22,000 cases equips us with the tools and experience necessary to pursue charge reductions diligently.