The definitions of different types of crime vary from one jurisdiction to another. Some states treat assault and battery as the same crime. Others have different definitions for each term and prosecute people for assault or battery charges depending on the circumstances.
The differences in laws between states can lead to a lot of confusion among criminal defendants. Someone facing assault charges in Maryland might read stories shared by other people and believe they have a very straightforward defense available. Specifically, they may think that because the other party did not sustain a serious injury, they can avoid a criminal conviction.
Are serious physical injuries typically necessary for Maryland prosecutors to prove assault charges at a criminal trial?
Assault does not always involve injury
The definition of assault in Maryland is somewhat circuitous. Assault charges may relate to allegations of assault, battery and also assault and battery. Assault involves putting another person in reasonable fear for their own safety due to a potential imminent physical attack. Battery involves non-consensual physical contact.
Frequently, situations that lead to assault charges do not involve severe injury to either party involved in the altercation. In some cases, the defendant may not have made physical contact with the other party at all.
Given the definition of assault, injury is not necessary for the state to prosecute someone successfully. All that is necessary is proof of direct threats or inappropriate and unwanted physical contact. Someone slapping a server on the buttocks could constitute assault, as could grabbing another person by the collar of their shirt. Actions intended to intimidate others or to offend them can lead to assault charges under current Maryland statutes.
Rather than focusing on the outcome of the incident, defendants may want to explore what led up to the incident. Many scenarios that look like assault are actually cases of self-defense. The other party may have made physical contact first or uttered a credible threat against the person facing criminal charges.
Reviewing the state’s evidence and the situation that led to an arrest with a skilled legal team can be beneficial for those accused of assault in Maryland. Every case is unique, but many defendants can avoid a criminal conviction with the right defense strategy.