Assault and Battery

Massachusetts Assault and Battery Attorney

Intentional Assault and Battery

  • You came into physical contact with another individual.
  • The contact was intentional.
  • The contact was offensive or harmful.
  • The contact occurred without cause, justification or excuse.

Reckless Assault and Battery

  • Intention does not have to be proven.
  • Requires that your action caused harm to someone.
  • That your reckless conduct caused the harm.

Source: Massachusetts Law

Massachusetts assault and battery laws are complex and involve dozens of ways a defendant can be charged, either as a misdemeanor or as a felony. How you are charged, and what your defense attorney does about it, can have a dramatic impact on the outcome of your case.

Massachusetts Criminal Defense Attorney Michael DelSignore is a skilled and aggressive defense lawyer who fights for the rights of clients facing all types of assault and battery charges in the Bristol, Norfolk and Worcester Counties and throughout Massachusetts.

Assault and battery is most typically categorized as either "intentional" or "reckless" and carries a penalty of up to 2 ½ years in prison and a $1,000 fine.

However, assault and battery charges can be enhanced or complicated by a wide range of factors, including the seriousness of the injury and whether or not a weapon was used. Massachusetts also has a number of specific assault laws dealing with various types of assault, including assault on an elderly person or child, indecent assault, or assault on a police officer or emergency worker.

Assault charges under the "intentional" statute are the most common charges and require the state to prove that you intentionally came into unwanted contact with another person without provocation or justification. Consent, accident, or self–defense can all be defenses to an assault charge.

Frequently, someone who wins a fight in self–defense is charged with assault and battery. In other cases, the circumstances of an incident can make it difficult or impossible for the state to prove any intention to cause harm. As a Massachusetts criminal defense lawyer experienced in handling all types of assault and battery cases, Michael DelSignore will challenge the state's case at each stage of the legal process and will work to win a dismissal or reduction of the charges.

Law enforcement frequently use the state's assault and battery laws as a sort of catch–all for alleged criminal activity involving disputes or confrontations. By objecting to the nature or type of assault charge a client faces, and by challenging evidence in a case, an aggressive and experienced defense attorney can frequently prevail on behalf of clients who have been inappropriately charged or in cases where little or no evidence led to a criminal allegation.

Massachusetts Assault and Battery with a Dangerous Weapon

Assault and Battery with a Dangerous Weapon is a serious felony, carrying a penalty of up to 10 years in prison. Yet what is considered a dangerous or deadly weapon is frequently open to rigorous debate.

In Massachusetts, an average of 20,000 people are arrested on assault charges each year, according to the Federal Bureau of Investigation. In about one–third of those cases, aggravated assault or assault with a dangerous or deadly weapon is alleged. A deadly or dangerous weapon can be everything from a knife or gun to a vehicle, frying pan, chair or pool stick. By challenging the contention that a deadly weapon was used, an experienced defense attorney can seek a reduction or dismissal of the charges, which will drastically reduce the penalty for an assault charge.

Contact and Experienced Massachusetts Defense Attorney

Massachusetts assault and battery charges are serious charges. Law enforcement can charge assault many different ways and each requires the state to prove a specific set of facts and circumstances. Hiring a qualified defense attorney is critical to protecting your rights, your freedom and even your job and the financial well–being of you and your family.

If you have been charged with assault and battery in Massachusetts, contact Michael DelSignore for a free and confidential consultation to discuss your rights. Call (508) 455–4755. Attorney DelSignore is always available and will speak with you by phone or return your call, 24 hours a day, including weekends and holidays.

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