Assault and battery often bring up images of the typical fight or brawl, and some states combine the two offenses. However, the terms are actually two separate legal concepts with distinct elements. In short, an assault is an attempt or threat to injure another person, while a battery would be actually contacting another person in a harmful or offensive manner.
Generally, assault is defined as a threat against another that creates, in the mind of the victim, a reasonable apprehension of imminent harmful or offensive contact. Battery is the harmful or offensive contact itself. Either offense may incorporate the use of a weapon. The key component of a simple assault or assault and battery charge is intent to cause fear or contact, and it must be provable in court before a judge and jury.
In the Commonwealth of Virginia, assault charges are taken very seriously, and the legal considerations can be very confusing. For the purpose of prosecution, assault has been combined with a battery charge, and it encompasses a variety of acts that an experienced assault lawyer can help clarify.
Under DC law, the crime of assault does not require an actual battery. One way that a person can be charged with an assault is through an attempted battery, meaning a person injured or attempted to injure another individual through the intentional application of force or violence.
Assault and battery charges in Maryland have serious consequences that can include significant jail time. We will work closely with you to provide a solid defense against these charges.