Assault vs. Battery

The term battery is old fashioned and no longer used by professional in the Criminal Justice system in the State of Maryland. Maryland Criminal Law CR 3-201 explicitly defines what an assault is.


CR 3-201 (b) Assault - "Assault" means the crimes of assault, battery, and assault and battery, which retain their judicially determined meanings.


Lamb v. State (1993) said that assault embraces not only attempted batteries but also actual batteries as well as the combination of the two.


Graham v. State (1997) said that the pointing of a gun at the victim followed by the punching of the victim were indeed two separate assaults.




Assault in the First Degree

1. A person may not intentionally cause or attempt to cause serious physical injury* to another person, or
2. A person may not commit an assault with a firearm including:
• a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short barreled rifle;
• an assault pistol; or
• a regulated firearm.
3. Penalty: Imprisonment up to 25 years

Assault in the Second Degree - A person may not commit an assault.




Assault on Law Enforcement - A person may not intentionally cause physical injury* to a law enforcement officer or parole/probation agent.




* Serious Physical Injury vs. Physical Injury - Whereas a "serious physical injury" is one that creates substantial risk of death or permanent/protected disfigurement/loss/impairment of limb or organ, a "physical injury" (as applied to assaults of law enforcement) is any impairment of physical condition excluding minor injuries.


Quiz:

1. Sam points a regulated firearm at Lindsay and then slaps her in the face. What crime has Sam committed? Answer: Assault in the First Degree (firearm) and Assault in the Second Degree (slap).
   
2. Tammy and mark are married. Tammy jumps toward Mark, extends her arm to throw a punch at his head, and misses. Mark calls the Police. Has Tammy committed a crime? Answer: Yes,  assault embraces not only attempted batteries but also actual batteries.
   
3. True or False: The suspect was rightfully found guilty of Assault in the First Degree when he pointed a regulated firearm at a Parole Agent during a heated dispute. Answer: True, the suspect committed a first degree assault no matter who he points the firearm at.
   
4. True or False: The suspect was rightfully found guilty of Assault on Law Enforcement when she attacked, kicked, and punched a Police Officer leaving the Officer with a bruised rib and cut above the eye. Answer: False, the "physical injury" caused to the Police Officer was minor. The injury was not an "impairment of condition" and is excluded. The correct charge would simply be Assault in the Second Degree.