Boston Assault & Battery Lawyer

Charged with Assault & Battery? Call a Former Prosecutor Today

The State of Massachusetts describes assault and battery as touching another person. It states that the act must be without any right or excuse for doing so. An essential aspect to consider is what the prosecution must prove for a conviction.

Assault and battery charges are serious and can escalate quickly from the time of the event until you reach court. How can you protect yourself? Hiring the right Boston assault and battery lawyer is crucial to your defense. Your lawyer does not need to prove that you did not commit the act, but rather show reasonable doubt regarding the allegations.

Work with a Boston assault & 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 and Battery Laws in Massachusetts

In Massachusetts, "assault" and "battery" are distinct, though often charged together as "assault and battery." M.G.L. c. 265, § 13A covers both.

Assault

An assault is an attempted battery or an intentional "placing in fear" of a battery. The prosecution does not 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 towards 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 if no contact is made, can be an assault.

Battery

A battery is an unlawful physical touching. This requires actual physical contact, no matter how 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 either harmful or offensive.
• The touching was without justification or excuse.

Elements the Prosecution Must Prove (Reckless Battery):

• The defendant engaged in actions that caused physical harm or bodily injury to someone.
• The defendant's actions were reckless (knew or should have known that their actions were very likely to cause substantial harm, and acted anyway).

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

The distinction between these definitions, and the specific intent or recklessness required, is frequently contested and requires the detailed attention of a Boston battery lawyer.

What Is Serious Bodily Injury?

Serious bodily injury is defined as an injury resulting in permanent disfigurement, loss of a body part or function, or a substantial risk of death. If charged with assault and battery with a dangerous weapon, your Boston assault and battery attorney must also raise reasonable doubt regarding the use of a dangerous weapon. If convicted of assault and battery with a dangerous weapon or against a person over 60, you could face up to 10 years in prison.

Beyond legal definitions, understanding what constitutes serious bodily injury involves examining medical reports and even witness testimonies. A thoughtful legal defense explores all these dimensions, considering the nuances that might influence how injuries are perceived in a courtroom setting. The involvement of expert testimonies, where necessary, can provide clarity and support reasonable doubt regarding the severity of the injury claimed.

Potential Penalties for Assault & Battery in Massachusetts

If your Boston assault lawyer cannot establish reasonable doubt, you may face various penalties. Possible sentences include up to two and a half years of jail time and fines up to $1,000.

These penalties may increase to up to five years in prison and fines up to $5,000 if the assault and battery were committed 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

Moreover, each case's circumstances can greatly influence the penalties. Factors such as prior criminal history, age of the victim, and whether a weapon was used can lead to more severe outcomes. In Massachusetts, it's not uncommon for charges to be compounded, resulting in more extended or multiple penalties. Understanding the potential legal ramifications makes it essential to approach your defense proactively.

Collateral Consequences of Assault and Battery Convictions in Massachusetts

An assault or battery conviction in Massachusetts carries profound and lasting collateral consequences beyond direct legal penalties. Even a misdemeanor can lead to a permanent criminal record impacting future employment, housing, and educational prospects, with employers often hesitant to hire individuals with violent backgrounds. Professional licenses (e.g., healthcare, education, law) are also at significant risk of suspension or permanent revocation, effectively ending careers.

Furthermore, such a conviction can create employment challenges in securing new jobs or promotions, and lead to educational and financial aid limitations. Individuals may face housing difficulties and a pervasive social stigma. For non-U.S. citizens, there are severe immigration consequences, including deportation, while felony convictions result in the permanent loss of firearms rights and potentially broader civil rights. Family law matters, particularly child custody, are also negatively impacted, and prior convictions can lead to enhanced penalties for future offenses.

Key Arguments for a Strategic Defense

Successfully defending against assault and battery charges in Massachusetts requires a nuanced understanding of self-defense laws, intent, and evidence challenges. Our approach focuses on dissecting the prosecution's case and presenting compelling counter-arguments.

• Self-Defense or Defense of Others: Argue the use of reasonable and proportionate force was immediately necessary to protect yourself or another from unlawful physical force, considering the "duty to retreat" with "Castle Doctrine" exceptions.
• Defense of Property: In limited cases, 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 actions did not meet the "reckless" standard of knowing or likely causing substantial harm.
• Consent: Argue that the alleged victim consented to the physical contact (e.g., contact sports, mutual combat, but not for serious injury or dangerous weapon use).
• Mistaken Identity/Alibi: Prove you were not the perpetrator or were in a different location at the time of the alleged offense.
• False Accusations: Investigate the accuser's credibility and motives, highlighting inconsistencies or signs of fabrication.
• Insufficient Evidence: Argue for dismissal or acquittal by scrutinizing the prosecution's evidence for weaknesses, inconsistencies, or lack of corroboration, and highlighting the burden of proving guilt beyond a reasonable doubt.
• Constitutional Violations: File motions to suppress evidence obtained through unlawful searches/seizures, coerced confessions, or violations of the right to counsel.

Get in Touch with a Boston Assault & Battery Lawyer Today

It is evident that these charges can accumulate quickly, making defense even more challenging. If you have been arrested, it is vital that you contact a Boston assault and battery lawyer as soon as possible. DeGiacomo & Mikhlin, P.C. will represent you and provide you with the strongest defense possible.

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