In everyday conversation, the terms “assault” and “battery” are often used interchangeably. However, under Maryland law, they are two different offenses with different legal definitions and potential consequences. Understanding the differences between assault and battery is crucial if you find yourself involved in a situation that could lead to criminal charges or a civil lawsuit.
Assault: the fear of imminent harm
In Maryland, assault is generally understood as intentionally placing another person in reasonable fear of immediate harmful or offensive contact. It’s about the threat of unwanted physical interaction, not the contact itself. To be considered assault, the following elements typically need to be present:
Intent:
- The alleged perpetrator must have acted intentionally or recklessly in creating the apprehension of contact. This doesn’t necessarily mean they intended to cause actual harm, just that they intended their actions to be perceived as threatening.
Apprehension:
- The victim must have genuinely and reasonably feared that they were about to be subjected to harmful or offensive contact. This is a subjective element but must be based on objective circumstances. A vague feeling of unease isn’t enough; there needs to be a credible threat.
Apparent Ability:
- The person making the threat must have the apparent ability to carry it out. For instance, shaking a fist menacingly at someone across a crowded room might not constitute assault if there’s no realistic way to immediately reach them. However, doing the same thing inches away would likely meet this element.
Imminent Harmful or Offensive Contact:
- The threatened contact must be immediate. A threat of something happening in the future generally doesn’t qualify as assault under Maryland law.
Types of Assault in Maryland
First-Degree Assault (Criminal Law § 3-202)
- more serious of the two levels and typically involves:
- Intent to cause serious physical injury, or
- Use of a firearm in the commission of the assault.
- “Serious physical injury” means injury that creates a substantial risk of death or causes permanent or protracted serious disfigurement or loss/impairment of a bodily function.
Penalties: Up to 25 years in prison.
Second-Degree Assault (Criminal Law § 3-203)
- is a broader category and covers:
- Attempted or actual offensive physical contact
- Acts intended to place another in fear of imminent harm
- Reckless or negligent conduct that results in offensive physical contact, depending on the circumstances.
Penalties: Up to 10 years in prison and/or a fine of up to $2,500.
Battery: The unlawful touching
In Maryland, battery involves the actual unwanted physical contact with another person. Battery generally involves the intentional or reckless infliction of harmful or offensive contact to another person without their consent. The elements of battery include:
Intent (or Recklessness):
- The person committing the act must have intended to make contact with the other person or acted recklessly, disregarding a substantial risk that such contact would occur. Similar to assault, the intent doesn’t necessarily need to be to cause harm, just to make the contact.
Harmful or Offensive Contact:
- The contact must be either harmful (causing physical injury) or offensive (violating a person’s reasonable sense of dignity). What constitutes “offensive” contact can depend on the specific circumstances and societal norms. Even a seemingly minor touch can be considered battery if it’s unwanted and offensive.
Lack of Consent:
- The contact must have occurred without the explicit or implied consent of the person being touched.
Key Takeaways:
While the terms are often used interchangeably in casual conversation, it’s vital to understand the distinct legal definitions of assault and battery under Maryland law. Assault focuses on the act of creating a reasonable fear of imminent harm, while battery involves the actual unlawful physical contact. However, both are serious offenses with potential criminal and civil consequences.
If you have been accused of assault or battery in Maryland, or if you have been a victim of either actions, it is important to seek legal advice from an experienced attorney to understand your rights and options.