There are three different forms of second degree assault in Maryland: intent to frighten assault, attempted battery assault, and battery.
In order to prove “intent to frighten” assault, the government must provide beyond a reasonable doubt: (1) that the defendant committed the act with an intent to place the other person in fear of either immediate physical offensive contact or physical harm, (2) that the defendant had the apparent ability, at the time of the incident, to bring about offensive physical contact or physical harm, and (3) that the other person reasonably feared immediate offensive physical contact or physical harm. If there is sufficient evidence to support a claim of self-defense, the government must also prove that the defendant’s actions were not legally justified.
Assault can also be an attempt to cause offensive physical contact or physical harm. In order to prove the “attempted battery” form of assault, the government must prove beyond a reasonable doubt: (1) that the defendant actually tried to cause immediate offensive physical contact or physical harm to the other person, and (2) that the defendant intended to bring about offensive physical contact or physical harm. Again, if there is sufficient evidence to support a claim of self-defense, the government must also prove that the defendant’s action were not legal justified. Consent would be another defense.
Finally, assault can be defined as actually causing physical contact with another person. In order to secure a conviction for “battery” assault, the State must prove: (1) that the defendant caused offensive physical contact or physical harm to the other person, and (2) that the contact was the result of an intentional or reckless act of the defendant and was not accidental. Once again, the defendant can argue self-defense. Maryland Pattern Jury Instruction – Cr. 4:01.
