Assault Defense Lawyer Baltimore, MD

Have the police arrested you for an assault in Baltimore or somewhere else in Maryland? If so, you may worry about what the prosecution and conviction may mean for your freedom, family, and future. Fortunately, you do not have to face the system alone. Instead, you can turn to the experienced legal team at Greenberg Law Offices to guide you through the criminal justice process and advocate for your rights and interests.

Since 1966, our three generations of attorneys have worked tirelessly to defend clients charged with complex criminal offenses in Maryland. We understand the fear and concern you’re feeling right now, which is why we will do our best to treat you like family and talk to you like a person, not a criminal. That means fighting hard for the best outcome possible, including taking your case to trial as necessary.

Don’t wait another moment to get serious about defending yourself from assault charges in Maryland and Baltimore. Contact Greenberg Law Offices today for an initial case review with an experienced Baltimore assault defense attorney, and let our family help your family.

Why You Need a Baltimore Defense Attorney if You Are Accused of Assault and Battery

Prosecutors will vigorously pursue convictions in assault and battery cases in Maryland. You deserve an experienced lawyer, someone who will fight back just as vigorously. A Maryland and Baltimore assault defense lawyer with Greenberg Law Offices can help you by:

• Thoroughly and independently investigating your assault charges to secure all available evidence, which can help us build a robust case strategy
• Reviewing the facts and evidence to identify potential defense strategies you could pursue in your case
• Guiding you through the process of making informed decisions at each stage of the prosecution by explaining your charges and the potential outcomes of your case and evaluating the strength of your and the prosecution’s cases
• Leaving no stone unturned in seeking to bolster your defense, including filing motions to exclude unlawfully obtained evidence or reduce/dismiss your charges due to a lack of evidence to bring you to trial
• Aggressively pursuing the best possible resolution to your charges under the circumstances, whether that involves negotiating a favorable plea deal that minimizes your sentencing exposure and allows you to move forward with your life, or taking your case to trial to fight the prosecution’s case or assert your innocence

Moreover, we will treat you and your family with compassion and understanding throughout this confusing and difficult process. We understand that criminal charges affect your loved ones as well, so while we cannot divulge information to your family, we make sure they are kept aware of the court proceedings. You can rest assured that we will fight as hard as possible to ensure you receive justice in court.

What Are the Differences in Battery vs Assault in Maryland?

Traditionally, the law distinguished between the offenses of assault and battery. An assault occurs when a person puts another individual in fear of imminent injury or harm inflicted by the person through their threats or actions. A battery occurs when a person injures or touches another individual in an offensive, non-consensual manner.

Today, Maryland no longer recognizes a legal distinction in battery vs. assault. State criminal law prosecutes both assault charges in Maryland and battery charges in Maryland under the crime of “assault.” However, assault and battery offenses can also violate other Maryland statutes. For example, domestic battery in Maryland can include:

What Are Common Forms and Charges for Assault and Battery?

Under Maryland law, assault offenses fall into the categories of first-degree assault and second-degree assault. A person commits first-degree assault if they intentionally cause or attempt to cause severe injury to another person or if they commit an assault with a firearm. The first-degree assault statute defines a “firearm” as the following:

A person can also commit first-degree assault by intentionally strangling another individual, with the law defining “strangling” as impeding a person’s normal breathing or blood circulation by applying pressure to their throat or neck.

A person commits second-degree assault in Maryland if they commit an assault or if they intentionally injure another individual whom they know is, such as the following:

• A law enforcement officer engaged in their official duties
• A parole or probation agent engaged in their official duties
• A firefighter, emergency medical technician, rescue squad member, or first responder engaged in providing rescue services or emergency medical care

What Are the Differences Between Simple Assault vs. Aggravated Assault?

In Maryland, a person may face charges for simple assault under the second-degree assault statute. However, an assault offense may become an aggravated assault when it falls under one of the circumstances prosecuted under the first-degree assault statute.

Circumstances that may lead to aggravated assault charges include the following:

• Causing severe injury through an assault
• Assaulting someone by strangulation
• Assault with a deadly weapon, such as a firearm

Aggravated assaults differ from simple assaults because aggravated assaults cause or have the potential to cause severe injuries to victims. As a result, first-degree assault convictions impose much harsher punishments than second-degree assault.

What Are the Penalties for Assault in Maryland?

In Maryland, both first- and second-degree assault impose felony assault charges. Under the assault penal code, a first-degree assault conviction can impose a prison term of up to 25 years. A second-degree assault conviction can impose a sentence that includes imprisonment for up to 10 years, a fine of up to $5,000, or both imprisonment and a fine.

Assault convictions can have other long-term consequences for convicted defendants. As felony offenses, assault convictions can result in the loss of firearm rights. Non-citizens convicted of assault in Maryland could potentially face deportation from the U.S.

Finally, an assault conviction will also result in a criminal record that can have adverse effects on one’s ability to pursue employment, housing, and educational opportunities. Criminal records that appear in background checks can make it challenging to move forward with one’s life after serving a sentence for an assault conviction.

What Are the Penalties for Battery in Maryland?

The battery penal code imposes the same penalties as assault offenses. For example, aggravated battery under the first-degree assault statute can impose up to 25 years in prison. In contrast, battery under the second-degree assault statute can impose up to 10 years in prison, fines of up to $5,000, or both incarceration and fines.

Sentences for battery can also impose other penalties, such as restitution obligations that require defendants to reimburse victims for financial losses they incur due to the crime, like medical expenses.

What Are Potential Assault and Battery Defenses?

Depending on the circumstances, you could have various defense strategies available to you. An assault and battery lawyer can help you pursue defenses based on the following:

• Lack of Intent – A defendant may argue that they did not intend to commit an assault or battery, claiming that they unintentionally touched the alleged victim or did not intend to threaten them.
• Self-Defense/Defense of Others/Defense of Property – Defendants charged with assault may claim they acted in self-defense, defense of others, or defense of their property to react against an imminent threat of injury or violence posed by the alleged victim.
• Mistaken Identity – A defendant may challenge a victim’s or eyewitness’s identification of the defendant as the perpetrator of the assault. The accused may argue that various factors, such as an obstructed view or the victim’s/witness’s failure to wear corrective lenses, prevented a clear view of the perpetrator. Alternatively, defendants may present evidence that police used an unduly suggestive identification procedure that influenced the victim or a witness into identifying the defendant.
• Alibi – Defendants may deny having committed a charged assault by presenting alibi evidence, such as surveillance footage, cell tower records, or eyewitness testimony, to prove they were elsewhere when the alleged assault occurred.
• Insufficient Evidence – A defendant may contest the sufficiency of the prosecution’s evidence proving that an assault occurred or the presence of aggravating factors that raise the grading of an assault charge.
• Unreliable Forensic Evidence – When an assault case involves forensic evidence presented by the prosecution to identify the defendant, a defendant may challenge the reliability of the prosecution’s forensic testing methods or the state’s handling of evidence samples.
• Unlawfully Obtained Prosecution Evidence or Statements from the Defendant – A defendant may seek to exclude evidence or their statements from the prosecution’s case. They can do this my asserting that law enforcement investigators obtained the evidence or statements by violating the defendant’s rights in an unlawful search or interrogation.