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Assault and Battery

Massachusetts 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
Difference between Assault charge and Assault and Battery charge

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.

Client Reviews
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
Michael DelSignore did an amazing job with my case! He was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
I cannot express the gratitude towards Michael for his amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael over and over again. Claire