When most people think of “assault,” they picture a physical fight or someone being injured. But in Maryland, you can be charged with assault even if no one was physically touched. In fact, certain actions, gestures, or threats that create a reasonable fear of imminent harm can lead to criminal prosecution.
At Hartman Attorneys at Law, we defend individuals in Annapolis, Glen Burnie, and throughout Anne Arundel County accused of all forms of assault—including cases where there was no physical injury. Led by former prosecutor Christian Hartman, we know how prosecutors handle these cases and how to challenge them.
How Maryland Defines Assault Without Injury
Maryland’s second-degree assault statute (Md. Criminal Law § 3-203) covers more than just harmful physical contact. It also applies to situations where:
- The accused makes a threat of immediate harm
- The accused’s actions cause the alleged victim to reasonably fear imminent physical injury
- No actual touching or physical harm occurs
This is sometimes called an “intent-to-frighten” assault.
For example:
- Raising a fist and moving toward someone aggressively
- Brandishing a weapon without actually using it
- Making a verbal threat combined with a menacing gesture
Why These Cases Are Complex
Because there’s no injury, these cases often come down to the alleged victim’s perception and the credibility of each party’s story. That gives the defense room to challenge whether the fear was truly reasonable or whether the actions even met the legal definition of assault.
Penalties for Second-Degree Assault in Maryland
Even without physical contact, second-degree assault is a misdemeanor that carries:
- Up to 10 years in prison
- Fines up to $2,500
- A permanent criminal record
If the alleged victim is a police officer, parole agent, or probation officer, the charge is a felony, and the penalties increase to:
- Up to 10 years in prison
- Fines up to $5,000
Common Defenses to Assault Without Injury
At Hartman Attorneys at Law, we take a detailed approach to these cases, focusing on weaknesses in the prosecution’s evidence. Common defenses include:
Lack of Intent
We may argue you did not intend to cause fear or threaten harm—your actions were misunderstood or taken out of context.
No Reasonable Fear
Even if the alleged victim felt afraid, the fear must be objectively reasonable. If a reasonable person in the same situation wouldn’t have feared immediate harm, the charge may not hold.
Self-Defense
If your actions were in response to an immediate threat to your own safety or someone else’s, self-defense may apply.
False Accusations
In some cases, accusations arise from personal disputes, misunderstandings, or attempts to gain leverage in related matters (such as divorce or custody battles).
Insufficient Evidence
Without physical injury or corroborating witnesses, the state’s case may rely entirely on one person’s word, which can be challenged through cross-examination and evidence review.
How Hartman Attorneys at Law Builds Your Defense
As a former prosecutor, Attorney Christian Hartman knows how these cases are investigated, charged, and tried. We use that insight to:
- Gather and analyze witness statements, 911 calls, and video evidence
- Challenge the credibility of the prosecution’s witnesses
- Present alternative explanations for your actions
- Negotiate to have charges reduced or dismissed where possible
We also ensure you have direct access to your attorney and 24/7 availability for urgent legal issues—because assault charges can escalate quickly and unexpectedly.
Accused of Assault Without Injury in Annapolis? We Can Help.
Facing assault charges—especially when no physical harm occurred—can feel unjust. But these cases still carry life-changing penalties if convicted. You need a defense team that understands how to dismantle weak accusations before they lead to a permanent record.
Contact Hartman Attorneys at Law for a free, confidential consultation. We’ll explain your options and fight to protect your rights.