Boston Assault & Battery Lawyer

Former Prosecutors Now Fighting Assault & Battery Charges in Boston

Attorneys James G. DeGiacomo and Sergey Mikhlin are former Massachusetts prosecutors who now defend individuals charged with assault and battery in Boston. That background gives them direct insight into how the Suffolk County District Attorney’s Office evaluates evidence, decides how to charge cases, and determines when to push forward at trial. When they review a client’s case, they aren’t guessing at prosecutorial strategy. They’ve worked from that side of the courtroom.

Assault and battery charges under M.G.L. c. 265, § 13A can be filed as misdemeanors or felonies depending on the circumstances, and the consequences reach well beyond the courtroom. A conviction can affect employment, housing, professional licenses, and immigration status. The defense doesn’t need to prove the defendant didn’t act. It needs to establish reasonable doubt about the prosecution’s version of events. Contacting an attorney immediately after an arrest limits early mistakes that can complicate a case at every stage that follows.

The firm has a track record of dismissals, not guilty verdicts, and no probable cause findings in criminal defense matters. Free consultations are available, and the firm can be reached 24 hours a day, seven days a week, including immediately after an arrest.

Work with a Boston assault and battery lawyer who brings former prosecution experience to your side. We offer free consultations. Reach out now by calling (617) 941-3666 or online.

Understanding Assault & Battery Laws in Massachusetts

In Massachusetts, “assault” and “battery” are distinct charges, though they’re often filed together as “assault and battery.” Both are governed by M.G.L. c. 265, § 13A.

Assault

An assault is either an attempted battery or an intentional “placing in fear” of a battery. The prosecution doesn’t need to prove any physical contact occurred.

Elements the Prosecution Must Prove (Attempted Battery Theory):

• The defendant intended to touch the victim.
• The touching was likely to be harmful or offensive.
• The defendant took an overt step toward accomplishing the battery.

Elements the Prosecution Must Prove (Placing in Fear Theory):

• The defendant intended to put the victim in fear of an immediate harmful or offensive touching.
• The victim reasonably feared an immediate harmful or offensive touching.
• The defendant had the apparent ability to carry out the threat.

Example: Raising a fist as if to strike someone, even without making contact, can constitute assault.

Battery

A battery is an unlawful physical touching. It requires actual physical contact, however slight, that is harmful or offensive.

Elements the Prosecution Must Prove (Intentional Battery):

• The defendant touched the victim.
• The touching was intentional: done deliberately and consciously, not by accident or negligence.
• The touching was harmful or offensive.
• The touching was without justification or excuse.

Elements the Prosecution Must Prove (Reckless Battery):

• The defendant’s actions caused bodily injury to the victim: an injury serious enough to interfere with the victim’s comfort or health in a way that is more than trifling or momentary.
• The defendant’s actions were reckless, meaning they knew or should have known those actions were very likely to cause substantial harm.

Example: Striking, kicking, pushing, or spitting on another person.

The distinction between reckless and intentional assault and battery, and the specific intent required for each, is frequently contested and demands careful analysis from a Boston battery lawyer.

What Is Serious Bodily Injury?

Under M.G.L. c. 265, § 13A(c), serious bodily injury means an injury resulting in permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or a substantial risk of death. When a charge involves assault and battery with a dangerous weapon under M.G.L. c. 265, § 15A, an assault and battery attorney in Boston must also raise reasonable doubt about the use of that weapon. A conviction under M.G.L. c. 265, § 15A can result in up to 10 years in state prison.

Prosecutors sometimes charge under the serious bodily injury statute when a victim is hospitalized, even when the injury may not meet the statutory definition. Medical records and testimony from medical professionals are frequently contested at this stage, and the line between a serious bodily injury conviction and simple assault and battery often comes down to how injury severity is characterized in medical documentation.

Potential Penalties for Assault & Battery in Massachusetts

Simple assault or assault and battery under M.G.L. c. 265, § 13A(a) carries up to two and a half years in a house of correction and fines up to $1,000. Aggravated forms under § 13A(b), involving serious bodily injury, a pregnant victim, or a victim protected by an active restraining order, can result in up to five years in state prison and fines up to $5,000.

Penalties may increase significantly under specific circumstances:

• If you caused serious bodily injury to another person
• If you committed an assault and battery on a victim known to be pregnant
• If you committed an assault and battery on someone with an active restraining order against you

Boston assault and battery charges are prosecuted by the Suffolk County District Attorney’s Office in Boston Municipal Court, with felony charges potentially proceeding to Suffolk Superior Court. A clerk magistrate hearing is a pre-arraignment proceeding at which the clerk determines whether probable cause exists to issue a criminal complaint. Having an attorney present at that hearing may prevent the case from reaching arraignment. Attorneys DeGiacomo and Mikhlin move quickly to be present from the earliest stages, and their familiarity with how Suffolk County prosecutors approach these cases is a meaningful advantage from day one.

Factors such as prior criminal record, victim age, whether the victim is a public employee or police officer, and whether a weapon was involved all significantly influence how prosecutors charge and pursue these cases. Understanding those variables makes it essential to approach the defense proactively.

Collateral Consequences of an Assault & Battery Conviction

A conviction in Massachusetts carries consequences that extend well beyond the sentence itself. Even a misdemeanor creates a permanent CORI entry that surfaces in background checks for employment, housing, and professional licensing. Healthcare, education, finance, and law licensing boards treat assault convictions as grounds for suspension or revocation. These outcomes can effectively end a career.

For non-U.S. citizens, an assault or battery conviction carries severe immigration consequences, including potential deportation or denial of naturalization. Felony convictions result in the permanent loss of firearm rights and can affect international travel. Child custody arrangements are frequently disrupted, and prior assault convictions can result in enhanced penalties for any future offenses under Massachusetts sentencing law.

Key Arguments for a Strategic Defense

Degiacomo & Mikhlin, P.C. uses the attorneys’ experience as former Massachusetts prosecutors to identify weaknesses in the Commonwealth’s case before the prosecution can consolidate its position. They build defenses by examining police reports, witness accounts, and available video footage, and by anticipating the arguments Suffolk County prosecutors are most likely to rely on. Every strategy is explained to clients in plain language before any court date so they understand the plan and what to expect.

Where the facts support it, the firm pursues dismissal, charge reduction, pretrial diversion, and continuance without a finding (CWOF): a resolution in which a defendant admits to sufficient facts but avoids a formal conviction on the CORI record. The right path depends on the specific evidence and circumstances of each case.

• Self-Defense or Defense of Others: Argue that the use of reasonable and proportionate force was immediately necessary to protect yourself or another person from unlawful physical force. Massachusetts imposes a duty to retreat outside the home, but the Castle Doctrine removes that duty when acting in self-defense inside one’s own home.
• Defense of Property: In limited circumstances, assert that reasonable force was used to prevent property damage or remove a trespasser.
• Lack of Intent: For intentional assault and battery, argue the contact was accidental, inadvertent, or lacked the necessary criminal intent.
• No Recklessness: For reckless assault and battery, contend that the defendant’s actions didn’t meet the “reckless” standard of knowing or likely causing substantial harm.
• Consent: Argue that the alleged victim consented to the physical contact, as in contact sports or mutual-contact situations. Note that consent is not a defense to assault and battery with a dangerous weapon.
• Mistaken Identity or Alibi: Scrutinize witness reliability and, where surveillance footage exists, video evidence to establish that the defendant was not the perpetrator or was elsewhere at the time.
• False Accusations: Investigate the accuser’s credibility and motives, highlighting inconsistencies or signs of fabrication.
• Insufficient Evidence: Argue for dismissal or acquittal by identifying weaknesses, inconsistencies, or lack of corroboration in the prosecution’s evidence and by pressing the prosecution to meet its burden of proving guilt beyond a reasonable doubt.
• Constitutional Violations: File motions to suppress evidence obtained through unlawful searches or seizures, coerced statements, or violations of the right to counsel.

Contact a Boston Assault & Battery Lawyer Today

Every stage of a criminal case matters, and the defense becomes harder to build the longer action is delayed. If you’ve been arrested, contact the firm as soon as possible. Degiacomo & Mikhlin, P.C. can provide the focused, aggressive representation your case requires.

We have many years of experience in criminal defense and work toward the best possible outcomes for you. If you would like to contact us, we are available anytime at (617) 941-3666.