In Massachusetts, an individual may be charged with assault and battery for getting involved in a physical altercation with another person. Such crimes can include simple assault, intentional assault and battery, and aggravated assault and battery. Depending on the severity of the injuries inflicted, the defendant may be facing severe penalties including substantial fines and jail time.
If you are under investigation or have been arrested and charged with assault and battery in Quincy, Massachusetts, seek the help of a skilled and aggressive criminal defense attorney immediately to help protect your rights and build your defense strategy. Attorney Devin McBride can fight vigorously and seek fair treatment for your charges.
McBride Law proudly serves clients in Quincy, Massachusetts, and the surrounding communities of Norwell, Hingham, Weymouth, and Boston.
In Massachusetts, an individual can commit a crime of assault or a crime of assault and battery. Although the same Massachusetts statute criminalizes both assault and battery (Mass. Gen. Laws Ann. ch. 265, § 13A), these terms are really quite different.
Under Massachusetts laws, a person commits assault when he or she:
attempts to use physical force against another person; or
demonstrates an intention to use immediate force against another person.
Therefore, to commit assault, the person doesn’t need to make physical contact or inflict bodily injury.
For example, throwing a punch or an object at someone is an assault even if the punch or object misses. Another example is running at someone while holding your fist up. Such action may threaten imminent physical harm, thus putting the other person in fear.
A person commits simple assault and battery in Massachusetts by touching the victim deliberately:
without the victim’s consent; or
in a way that can possibly cause bodily injury or harm.
For instance, hitting someone with a fist or an item is considered assault and battery. As long as there is physical contact, you have committed an assault and battery offense.
The crime of aggravated assault and battery is another variation of simple assault and battery. In 2018, the nationwide rate of aggravated assault was 246.8 cases per 100,000 of the population. To be convicted of the charges, the prosecutor must prove that:
The defendant caused severe bodily injury or harm to the victim.
The defendant knew that the victim was pregnant.
The defendant violated an abuse prevention order or a harassment prevention order that was previously issued in the victim’s favor.
The crime of aggravated assault and battery in Massachusetts is a felony.
Other more serious forms of assault and battery that are recognized by Massachusetts laws include:
Domestic Assault and Battery
Reckless Assault and Battery
Indecent Assault and Battery
Assault and Battery Upon a Child
Assault and Battery Upon a Police Officer
Assault with Intent to Rob or Murder
Assault and Battery with a Dangerous Weapon
Assault with Intent to Commit a Felony
Under Massachusetts General Laws Chapter 265, section 13A, a person who is found guilty of assault or assault and battery on another person shall be punished by imprisonment for a maximum of two and a half (2 ½) years in a House of Correction/County Jail or a fine of up to $1,000.
Possible defenses for assault and battery offenses in Massachusetts include:
Defense of others
Consent (i.e. during a sporting game)
Performance of duty (i.e. security guard’s job)
Lack of malice
The assault and battery statute in Massachusetts can be complicated. If you are facing assault and battery charges, talk to an experienced criminal defense attorney immediately. Your attorney can investigate your case and determine your best defense strategy.
Defending your assault and battery charges by yourself can increase your risks of suffering the maximum penalties. Depending on the circumstances surrounding your case, you could be facing severe consequences including costly fines, jail or prison time, and a permanent criminal record, if convicted. An experienced attorney can help you pursue a favorable outcome and a fair hearing.
Attorney Devin McBride and his legal team at McBride Law possess a comprehensive understanding of the Massachusetts criminal justice system. They have defended numerous clients in a wide range of assault and battery cases. Attorney Devin McBride will review your case and determine your best defense strategy.
If you are facing assault and battery attorney charges, don’t face it alone. Reach out to McBride Law today to speak with an experienced assault and battery attorney. Attorney Devin McBride can offer you the knowledgeable legal guidance and aggressive representation you need. McBride Law proudly serves clients in Quincy, Norwell, Hingham, Weymouth, and Boston, Massachusetts. Call today to schedule a free case assessment.