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Posted On 03.03.15 by in Personal Injury
The state of Maryland has strict laws that protect residents who are victims of assault and battery. Assault is a crime and happens when an individual attempts to physically harm another individual. Maryland also protects police officers and other individuals with special assault laws. If an assault occurs with a firearm or is an attempt to cause serious physical harm, it is considered a felony and falls under the Maryland Aggravated Assault Laws.
There are three ways to commit assault in the state of Maryland: committing battery, attempting battery, or placing another in apprehension of battery. In order for a crime to be considered battery or attempted battery, there has to be actual and intentional physical contact or an attempt of harmful physical contact.
The apprehension of battery is when the offender is intentionally trying to frighten the victim. For example, if someone lunges at someone else in order to scare him or her, this could be considered apprehension of battery.
Maryland law states that actual physical injury does not need to happen in order to consider an incident to be assault. However, if the assault did cause an injury, more severe consequences are expected for the offender. Injuries can include cuts, bruises, broken bones, and such.
In the case of an assault against law enforcement officers or assault that happened in a correctional facility affecting inmates and staff, the state of Maryland has special laws in place. Assaulting a police or correctional officer, as well as a parole or probation officer, is considered a misdemeanor if the officer is injured beyond a minor injury. In the case of assault by an inmate in a correctional facility against an employee, it is also considered a misdemeanor if the inmate causes the employee to come into contact with bodily fluids such as urine, feces, blood, or semen.
Reckless endangerment is also a misdemeanor in Maryland. This entails the engagement in conduct that risks the death or physical well being of another person, excluding the sale of a product or the use of a motorized vehicle. An example of reckless endangerment would be if an adult leaves a gun in a place where a child could easily find it.
Reckless endangerment also includes the irresponsible discharge of a firearm from a vehicle. This excludes security guards or law enforcement officials who may do this during their official duties, as well as citizens discharging a firearm as a mechanism of self-defense.
The laws of Maryland are very strict when it comes to cases of assault and battery crimes. Assault with injury can give the offender a fine of up to $5000 and up to 10 years in jail. The same timeframe is given to assault by an inmate, adding a fine of up to $2500. The fine for reckless endangerment is up to $5000 and may include up to 5 years of imprisonment.
In all likelihood, you’ll be faced with the decision of whether or not to settle your personal injury claim once it’s made. By and large, defendants have an interest...Read Article