How Do You Fight Assault and Battery Charges?

 Posted on March 31, 2025 in Violent Crimes

A strong defense is essential when facing an assault and battery charge. Depending on the severity of the charge, the stakes in these cases can get high. If you were recently charged with assault and battery in Maryland, consider how the state statutes might impact your case and how a Worcester County, MD defense attorney can help navigate the right defense.

What Is Assault and Battery in Maryland?

In Maryland, the term "assault" covers a broader list of offenses, from the threat of harm against another person to actions resulting in physical harm. While battery used to refer to unlawful contact that results in physical harm, it is now covered under assault. Under Maryland law, there are categories of assault and battery governed by rules that define what each offense is, how to prosecute them, and what penalties you could incur.

Maryland organizes assault into first and second-degree offenses. First-degree assault is a felony charge, and second-degree assault is a misdemeanor. Weapons add another layer of complexity and severity. For example, when a weapon is involved, what would have been a second-degree charge automatically becomes a first-degree assault. Finally, the severity of bodily injury is also a factor in determining charges. Not everyone is capable of causing the same severity of injury.

What Are the Common Defenses for Assault and Battery?

There are several possible strategies for challenging assault and battery charges in Maryland. Finding the appropriate one for your case will depend on the independent circumstances, but some common options for a defense include:

• Self-defense: To claim you were acting in self-defense, you need proof that you were under an imminent threat of bodily harm, and your physical reaction must have been proportionate to that threat.

• Defense of others: If you were protecting another person, especially someone vulnerable, from immediate harm, you need to prove that the person you defended was in real danger.

• Consent: In some cases, you may be able to argue that the victim consented to the action that resulted in an assault charge. This is a common defense in sports-related incidents.

• False allegations: Sometimes, you can demonstrate that the alleged victim falsified the incident, which you can usually prove with witness testimony, motive, and physical evidence.

• Challenging the evidence: The prosecution carries the burden of proving guilt beyond a reasonable doubt, and sometimes, heavily scrutinizing the evidence and identifying errors and gaps in the case can poke enough holes to cause doubt.

Mental health and intoxication defenses are other potentially applicable options. Someone suffering from a mental illness or under the influence of drugs or alcohol may not be aware of their actions or be able to control themselves. Arguably, the most powerful defense is a strong alibi. 

Contact an Anne Arundel County, MD Criminal Defense Attorney

Several factors can complicate assault and battery cases. The attorneys at Law Offices of Murphy & Price LLP are well-versed in Maryland’s assault and battery statutes and have extensive experience working with clients in need of a robust defense. Call 410-280-2500 today to schedule your free consultation with one of our Annapolis, MD criminal defense attorneys. We will guide you through the legal process with compassion and transparency.