Assault and Battery
The charge of assault and battery, can arise out of many different circumstances. An assault and battery charge can arise out of a
- barroom fight
- domestic dispute,
- neighborhood conflict,
- college party
- road rage
The definition of an assault, under Massachusetts law, is that a person was in imminent fear of bodily harm. With an assault charge, the alleged victim was not struck, but claims to have been in fear that they were going to be struck or threatened with bodily harm.
In contrast, and assault and battery charge, means that the alleged victim is claiming that there was contact. The severity of the contact, or the severity of the injuries would determine what type of assault and battery charge is brought.
There are many different variations of an assault and battery charge depending on the identity of the victim, the severity of the injuries and whether a weapon was used.
- Assault and Battery with a dangerous weapon
- Assault and Battery on a pregnant person
- Charge based on the age of the victim being over 60
- Charge based on the assault and battery being against a police officer, public official or correctional officer.
- Aggravated assault and battery
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. An assault and battery charge in Massachusetts can also be based on reckless conduct when the Commonwealth alleges that a reckless action caused harm to another person.
Defenses to Assault and Battery: 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.
Law enforcement frequently use the Commonwealth'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 criminal 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.
As a Massachusetts criminal defense lawyer experienced in handling all types of assault and battery cases, Michael DelSignore will challenge the Commonwealth's case at each stage of the legal process and will work to win a dismissal or reduction of the charges. You can call 781-686-5924 to have your questions answered about Massachusetts assault and battery laws.