If you’ve ever watched a courtroom drama or heard someone say “I’m pressing charges for assault and battery,” you might assume that assault and battery are the same thing. But under Maryland law, these are distinct legal concepts with different definitions, elements, and potential penalties. Understanding the difference between assault vs battery is especially important if you’re facing criminal charges or involved in a legal dispute.
What Is Assault?
In Maryland, “assault” is broadly defined to include both threats of physical harm and actual unwanted physical contact. Technically, the state does not separate assault and battery into different charges—instead, both fall under the legal category of “assault,” which can be charged in the first or second degree.
Key features of assault include:
- Attempted Battery: Trying to physically harm someone but failing (e.g., swinging a punch and missing).
- Intentional Frightening: Making someone reasonably fear that they’re about to be physically harmed, even if no physical contact occurs.
Example: Yelling “I’m going to punch you” while raising your fist could be charged as assault, even if you don’t make contact.
What Is Battery?
Traditionally, battery refers to actual, unlawful physical contact with another person—any touching done in a harmful or offensive manner. However, Maryland law now classifies this under the general umbrella of assault.
Examples of battery behavior include:
- Hitting, slapping, or pushing someone.
- Spitting on someone during a heated argument.
- Striking someone with an object.
Even a single, brief touch can be enough for a charge—so long as it’s done without consent and is considered harmful or offensive.
Degrees of Assault in Maryland
Although “battery” is no longer a separate crime, the concept still plays a role in how assault is charged.
Second-Degree Assault is the most common charge. It includes both attempted battery and offensive physical contact. It’s a misdemeanor punishable by up to 10 years in prison and a $2,500 fine.
First-Degree Assault applies when someone causes or attempts to cause serious physical injury or uses a firearm in the commission of an assault. It’s a felony, and a conviction can lead to up to 25 years in prison.
Why the Distinction Matters
Understanding “assault vs battery” is more than just a legal technicality—it can affect your defense strategy, the severity of your charge, and the outcome of your case.
For example:
- If no physical contact occurred, your attorney may argue that only an attempted assault took place, which could lead to reduced charges.
- If the contact was minor and unintentional, your attorney may argue that no criminal assault occurred at all.
Defending Against Assault Charges
If you’re facing an assault charge in Maryland—including in Prince George’s, Charles, Calvert, or St. Mary’s Counties—it’s critical to hire an experienced criminal defense attorney who understands how to navigate the nuances between assault and battery.
Possible defenses include:
- Self-defense or defense of others
- Lack of intent to cause harm
- Consent (in some limited situations, such as mutual fights)
- False accusations or mistaken identity
Call a Southern Maryland Criminal Defense Lawyer
At Southern Maryland Criminal Defense, we know how confusing and overwhelming assault charges can be. Whether you’re accused of making a threat or getting into a physical altercation, we can help you understand your options and build a strong defense.
Contact us today for a free consultation and let us fight to protect your rights and your future.
