When most people hear the word “assault,” they picture a physical altercation—punches thrown, someone injured, and an obvious act of violence. But under Maryland law, assault doesn’t always require physical contact. In fact, you can be arrested and charged with assault for actions that involve no touching at all.
At Hartman Attorneys at Law, we defend clients in Annapolis and throughout Anne Arundel County who have been charged with assault based on threats, gestures, or verbal altercations—not just physical fights. These cases can be highly subjective and emotionally charged, particularly when they arise during domestic disputes or public arguments. But just because there was no injury doesn’t mean the state won’t pursue the charge aggressively.
Maryland’s Legal Definition of Assault
Maryland combines the traditional legal concepts of “assault” and “battery” into a single crime under Criminal Law § 3-201 and § 3-203. As a result, second-degree assault in Maryland includes:
- Attempting to cause physical harm to another person
- Threatening or placing someone in fear of imminent physical harm
- Engaging in conduct that would cause a reasonable person to fear being hit or harmed
This means that a clenched fist, aggressive body language, or threatening words, if perceived as a genuine danger by another person, could result in an assault charge—even if you never laid a hand on anyone.
How Can You Be Arrested for Non-Physical Assault?
Here are a few real-world examples where someone might face assault charges without touching the alleged victim:
- Verbally threatening someone during a heated argument
- Raising your hand or stepping toward someone in a way that causes fear
- Throwing an object and missing
- Blocking someone’s path in an intimidating manner
The key factor is whether the alleged victim reasonably believed they were about to be physically harmed. The arresting officer and prosecutors will consider the context, tone, witnesses, and any available video or audio evidence.
Is Physical Harm Required for a Conviction?
No. A person can be convicted of assault in Maryland without causing physical harm, and even without making contact. However, the burden of proof still rests on the state.
Prosecutors must show:
- The defendant intended to frighten, threaten, or harm the alleged victim
- The victim had a reasonable belief they were in immediate danger
- The conduct was more than words alone—unless those words conveyed a credible, imminent threat
This opens the door for a strong legal defense based on context, motive, and credibility. At Hartman Attorneys at Law, we often challenge:
- Exaggerated or retaliatory accusations
- Misunderstood actions or unintended gestures
- Conflicting or unreliable witness statements
- Situations where both parties engaged in mutual confrontation
Penalties for Non-Physical Assault in Maryland
Even without physical injury, second-degree assault is a misdemeanor punishable by:
- Up to 10 years in jail
- Fines up to $2,500
- A permanent criminal record
- Loss of professional licenses or clearances
- Potential implications for custody and immigration status
If the alleged victim is a law enforcement officer, the charge can be upgraded to a felony, even if there is no physical contact.
Why Legal Representation Is Crucial
Assault charges involving no physical contact are often based on subjective interpretations of fear, anger, and body language. These gray areas can either work against or in favor of the defense, depending on how they’re handled.
With his background as a former prosecutor, Attorney Christian Hartman knows how these cases are evaluated, charged, and argued in Maryland courts. At Hartman Attorneys at Law, we use that experience to:
- Identify and highlight inconsistencies in the alleged victim’s story
- Introduce context that suggests mutual confrontation or self-defense
- Argue for reduced charges, diversion programs, or outright dismissal
- Ensure your side of the story is heard—loud and clear
We serve clients in Annapolis, Glen Burnie, and surrounding areas, providing direct access to your attorney and 24/7 availability when your rights are at stake.
FAQs: Assault Without Physical Contact in Maryland
Can someone press charges against me for yelling at them?
Yes—if threats of immediate harm accompany the yelling, and the person reasonably believes they’re in danger, it can result in a second-degree assault charge. However, the charge must still meet legal standards, and context is crucial.
Will the charges go away if there was no injury?
Not necessarily. The absence of physical harm may help your defense, but the state can still prosecute assault charges based on threats or attempted harm. That’s why it’s important to have an attorney challenge the state’s evidence and intent.
Accused of Assault Without Contact? Call Now.
Whether the incident was a misunderstanding, a false accusation, or simply a moment that escalated too fast, you shouldn’t face criminal charges alone. Let us fight to protect your rights and clear your name.
Contact Hartman Attorneys at Law to schedule a free consultation. We’ll evaluate the case, explain your options, and work to secure the best possible outcome for your future.