Assault & Battery in Maryland and the District of Columbia
What is an assault?
In terms of a claim for civil assault, such a claims is typically defined as any intentional, unlawful offer of corporal injury to another person by force, or force unlawfully directed toward the person of another, under such circumstances as to create a well-founded fear of imminent peril, coupled with the apparent present ability to effectuate the attempt if not prevented. A Plaintiff making a claim for assault must establish: (1) that he or she was threatened by the defendant, who possessed the apparent present ability to carry out that threat; and (2) the defendant’s actions must have raised in the plaintiff’s mind an apprehension of imminent bodily harm, which element is measured by a subjective standard.
What is a battery?
A civil claim for battery consists of an intentional, unpermitted touching of the body of another that is harmful or offensive to the person who was touched. A Defendant is not required to have an intent to harm the Plaintiff; rather, the issue is more whether the Plaintiff consented to the contact. If the Plaintiff did not, then he or she may have a viable claim for battery. In order to establish a claim for battery, a Plaintiff must establish that the touching was harmful or offensive. A touching that results in physical pain, injury or illness will likely be considered harmful. Conversely, if touching offends a Plaintiff’s reasonable sense of personal dignity, that may be deemed to be offensive touching.
Contact Henderson Law, LLC, Today
At Henderson Law, LLC, we enjoy a long track record of success in handling complex and challenging cases that other law firms shy way from. We understand that every case it unique and that every client comes to us with individual concerns.
If you think that you may have an assault and battery claim, contact us online or call (410) 721-1979 so that we can set up a time to go over your case and discuss your options with you.
Henderson Law, LLC is accepting new cases in the District of Columbia and Maryland. Henderson Law, LLC is willing to take new clients across the State of Maryland, including, but not limited to, new cases arising in the following cities: Annapolis, Crofton, Bowie, Upper Marlboro, Crownsville, Davidsonville, Edgewater, Millersville, Odenton, Severna Park, and Pasadena. Please call Henderson Law, LLC for an initial consultation.