Aggravated Assault Attorney in Boston

Former Prosecutors Defending Assault Charges in Suffolk County

An aggravated assault and battery charge in Massachusetts is a felony-level accusation that can carry years in state prison. Attorneys James G. DeGiacomo and Sergey Mikhlin are former prosecutors who now defend people facing these charges in Boston. That background changes how they read a case: they know how the Suffolk County District Attorney’s Office builds its arguments, and they look for weaknesses from the first phone call.

The firm is available 24 hours a day. When someone is arrested, they can reach an attorney directly without working through layers of scheduling. Calls are returned quickly, sometimes within minutes. Throughout the process, the attorneys explain court procedures and legal risks in plain language so clients understand what they’re facing and what the plan is.

Degiacomo & Mikhlin, P.C. offers free initial consultations for people facing aggravated assault charges in Boston. Call (617) 941-3666 any time, day or night, to speak directly with an attorney.

What Makes an Assault & Battery Charge “Aggravated” in Massachusetts

Massachusetts law doesn’t always label a charge “aggravated assault and battery” the way other states do. The specific charge and its elements depend on the alleged facts. Under G.L. c. 265, Section 13A, a simple assault or assault and battery carries a maximum of 2.5 years in a house of correction or a fine of up to $1,000. The aggravated form applies under three circumstances:

• Serious bodily injury: The assault and battery caused permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or created a substantial risk of death.
• Victim known to be pregnant: The defendant knew, or had reason to know, that the alleged victim was pregnant at the time of the offense.
• Active restraining order: The defendant knew an active restraining order or no-contact order was in place against him at the time.

When any of these factors applies, the charge can carry up to 5 years in state prison, up to 2.5 years in a house of correction, a fine of up to $5,000, or both. Assault and battery with a dangerous weapon (ABDW), a related but separate felony charged under G.L. c. 265, Section 15A, applies when a weapon is involved and can carry up to 10 years in state prison and a fine of up to $5,000.

How Degiacomo & Mikhlin, P.C. Approaches an Assault Defense

Because Attorneys DeGiacomo and Mikhlin worked as prosecutors, they understand how the Commonwealth constructs its case. They don’t wait to see what the government presents at trial. They challenge weaknesses early, before the prosecution has time to shore them up.

The firm maintains offices across multiple Massachusetts counties and handles cases regularly in Boston courts. That familiarity with local judges and prosecutors informs how strategy is built for each case. Clients are walked through the defense plan before court so nothing comes as a surprise. Every piece of evidence gets scrutinized, and the attorneys advocate confidently in front of judges when it matters.

Where Boston Aggravated Assault Cases Are Heard

All criminal cases in Boston are prosecuted by the Suffolk County District Attorney’s Office. Where a case is heard depends on how it’s charged. The Boston Municipal Court has jurisdiction over misdemeanors and over felonies punishable by a house of correction sentence, concurrent with the Superior Court. Felonies outside those categories must be prosecuted in Suffolk Superior Court on an indictment. Because aggravated assault and battery can carry a state prison sentence, it may be indicted and prosecuted at the Superior Court level.

Degiacomo & Mikhlin, P.C. has handled many different types of criminal cases out of the Boston Municipal Courts. That court-level familiarity, combined with the attorneys’ background as former prosecutors, gives the firm a clear-eyed view of how Boston cases actually move and where a defense can gain ground.

Talk to a Boston Aggravated Assault Defense Attorney Today

A free initial consultation with Degiacomo & Mikhlin, P.C. covers what the evidence shows, how the charges may realistically proceed, and what options are available. There’s no obligation and no confusing legal jargon. The attorneys are available around the clock because an arrest doesn’t wait for business hours.

Call (617) 941-3666 now to reach an aggravated assault defense lawyer in Boston who can pick up, not put you on hold.