Arrest For Battery In Maryland
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Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.
Average Jail Time for Common Crimes in Maryland CrimeMaximum SentenceAverage Time Served 9. Battery/Assault 25 years (first degree)10 years (second degree) 6.7 years 10. Kidnapping 30 years 4.3 years 11. Handgun possession 3 years 2 years 12. DUI/DWI 2 months (first offense) None (first offense) (often charged with a fine)16 more rows
For example: Paul is arguing with Matt. Paul pulls his fist back to punch Matt in the face, then begins to bring his fist forward. At this instant, it is already assault. However, it is not also a battery until Paul's fist makes contact with Matt.
The Main Difference Between Assault and Battery Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.
Battery also differs from assault in that it does not require the victim to be in apprehension of harm. In short, one can have an assault without a battery and a battery without an assault, but in most cases, battery follows an assault. This article shall provide the basic law applicable to assault and battery.
Class C Assault The lowest form of assault is considered a Class C Misdemeanor. The highest penalty one can receive for a Class C Misdemeanor assault is a fine that can be no higher than $500.
The prosecution must prove beyond a reasonable doubt each of these 3 elements: Intent to cause harm or fear. Fear or apprehension of imminent harm. Actual or attempted physical contact.
In Maryland, most misdemeanors can be charged within one year of the offense, while felony charges can be filed at any time.
In Maryland, battery is one form of assault. While assaults are typically misdemeanors, they can be promoted to felonies when the assault causes, or attempts to cause, serious bodily injury or includes the use of a firearm.
Assault and Battery: Maryland typically applies a statute of limitations of one year for misdemeanor assault and battery charges, and three years for felony assault and battery charges.
