Assault and Battery
I have been providing tenacious, affordable, and dedicated criminal defense representation to clients throughout since 2002. If you have been charged with Assault and Battery or any other crime, it will be in your best interest to seek and experienced criminal defense attorney as soon as possible in order to best protect your rights. Please call me to schedule a free consultation and to learn how I can help you and your case.
Assault and battery are often cited together as related but distinct crimes. Assault refers to the threat of violence causing fear of offensive bodily contact, even if no actual violence occurs. Sometimes, assault is referred to as an attempted battery. The emphasis in assault is the intent of the perpetrator, not the fear of the victim. As such, one who attempts to inflict harm and comes close to doing so may be charged with assault, even if the victim did not feel any apprehension of harm.
Battery, on the other hand, requires actual bodily contact, however slight, even if no physical harm results. Together, assault and battery mean the intentional touching of another that is done without the person’s consent or that is likely to cause bodily harm.
Where Do Assaults and Battery Take Place?
Though they are often associated with violent crime, assault and battery can arise in everyday situations and in seemingly unlikely places, including:
- Parking lots
- Bars, lounges
- Sporting events
- Roads, highways
- Homes, dwellings
- Restaurants, stores
- Schools, public parks
- Places of employment
- Strikes, demonstrations
Disagreements can develop suddenly or build up over time, and many conflicts can be intensified by alcohol or emotion. The law seeks to contain these outbursts by punishing those who attempt to inflict bodily injury or harm third parties in the crossfire.
Assault and Battery-Related Crimes
Massachusetts law recognizes different types of assault and battery, as well as related crimes. An assault under the law is a threat to cause harm, not the actual infliction of the har. It is known as a “lesser included offense” of battery because both require an alleged threat of harm. Associated offenses involve degrees of assault and battery, groups of protected victims, and the instruments used in the crime. They include:
- Domestic violence
- Aggravated assault
- Affray or fight in public
- Assault and Battery with a Dangerous Weapon
- Domestic Assault and Battery
- Causing serious bodily injury
- Violation of abuse prevention order
- Intent to rob, murder, or commit felony
- Assault and battery on a pregnant woman
- Assault and battery on public employees
- Harming a person 60 years of age or over
- Indecent assault and battery on child under 14
Assault and Battery with a Dangerous Weapon
Use of a “deadly weapon” does not necessarily involve a gun, knife, or sword. A rock, plate, or even a hand will do. “Aggravated” counts are charged as felonies punishable by more than 2 ½ years in prison, whereas “simple” assault and battery can be a misdemeanor punishable by less than 2 ½ years in jail.
Domestic Assault and Battery
Following the tragedy involving the son of a local broadcaster, Massachusetts Legislators created the crime of domestic assault and battery under M.G.L. c. 265 Sec. 13M. The victim in this crime must be a family or household member who must be a spouse, have a child in common, or be in a substantive dating relationship.
Being charged with Domestic Assault and Battery results in the accused having to wait six (6) hours before being eligible for release, enhanced penalties for subsequent offenses, and the potential for a long period of pre-trial detention.
Successfully Defend Against Charges
If you have been charged with assault, battery, or any related offense, please contact me today. I have helped clients prevail in assault and battery cases by asserting arguments including self-defense, defense of another, and defense of property. I work hard in an effort to get charges lowered or dismissed completely, and to get every client the best result possible based upon the circumstances of their matter.
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