Assault and Battery, or simple assault and battery, is a misdemeanor crime. Massachusetts General Laws Chapter 265 Section 13A defines assault and battery. There are two kinds of assault and battery, intentional assault and battery and reckless assault and battery.
What’s Assault and Battery?
The Assistant District Attorney must prove three elements:
- The defendant touched the victim with any right to do so,
- That the defendant intentionally touched the person and
- The touching was likely to cause bodily harm. Or not consented to.
Reckless is when the defendant did not intend to touch the victim yet still did. The Assistant District Attorney must prove two elements:
- That the person intentionally acted in a way that caused bodily harm to another and caused an injury more than “trifling,” something more than a brief discomfort.
- And, it must be proven that the person’s actions were reckless conduct. To prove that it was reckless conduct, it has to be more than negligent conduct and that the person knows or should have known the actions were likely going to hurt someone, yet did so anyway.
Massachusetts Assault and Battery Penalties
Both intentional and reckless a and b are misdemeanor crimes in Massachusetts. That means it is still punishable by jail. It is also punishable for up to two and a half years in the house of correction or not less than a $1000 fine. In addition to potential jail time, other potential penalties include probation, fines, anger management classes.
Legal Defenses to Assault and Battery
Anyone charged with assault and battery needs to mount a vigorous defense. One common defense is self-defense. Under Massachusetts law, individuals have the right to defend themselves or others from imminent harm. If your actions were a response to a perceived threat, I will diligently gather evidence and witness testimony to substantiate this claim and demonstrate that your actions were justified.
Additionally, the defense of others or the defense of property can serve as viable defenses in assault and battery cases. If you intervened to protect another person or property from harm, we can argue that your actions were necessary and lawful under the circumstances.
Moreover, lack of intent is another potential defense. If you did not intend to cause harm or if your actions were misunderstandings or misinterpreted, we can assert that you should not be held criminally liable for assault and battery.
Furthermore, issues related to the credibility and reliability of witnesses can be pivotal in undermining the prosecution’s case. Through rigorous cross-examination and scrutinization of evidence, I will work to cast doubt on the prosecution’s version of events and challenge the credibility of their witnesses.
Ultimately, mounting a successful defense requires a comprehensive understanding of Massachusetts state laws and courtroom procedures. With my expertise, experience, and unwavering dedication to your case, I will tirelessly advocate for your rights and pursue the best possible outcome. If you are facing assault and battery charges in Massachusetts, do not hesitate to reach out for a confidential consultation. Together, we will strategize and work towards protecting your future and securing a favorable resolution.
Experienced Assault and Battery Defense
When confronting an assault and battery charge in Massachusetts, the assistance of a skilled criminal defense attorney can be invaluable in navigating the legal complexities and safeguarding your rights. As an experienced advocate for the accused, I specialize in providing comprehensive defense strategies tailored to the specifics of your case.
One of the primary ways in which I can help defend against assault and battery charges is by conducting a thorough investigation into the circumstances surrounding the alleged incident. This includes scrutinizing police reports, gathering evidence, and interviewing witnesses to uncover any inconsistencies or mitigating factors that may support your defense.
Drawing upon my in-depth knowledge of Massachusetts state laws and precedents, I will craft a strategic defense aimed at challenging the prosecution’s case and minimizing the potential consequences you face. Whether negotiating with prosecutors for reduced charges or vigorously advocating for your innocence in court, I am committed to achieving the best possible outcome for your case.
Moreover, I understand the emotional toll that facing criminal charges can take on you and your loved ones. That’s why I provide compassionate support and guidance throughout the legal process, offering reassurance, answering your questions, and advocating fiercely on your behalf.
With my expertise, experience, and dedication to your case, I will work tirelessly to protect your rights and secure your freedom. If you are facing assault and battery charges in Massachusetts, do not hesitate to contact me for a confidential consultation. Together, we will develop a personalized defense strategy and strive towards achieving a favorable resolution.
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Aggravated Assault and Battery
Massachusetts Criminal Attorney
Patrick Donovan, a Massachusetts Criminal Attorney, brings his extensive expertise in various criminal cases, having served as an assistant district attorney. His prior experience as a prosecutor equipped him with specialized training, which he now applies as a defense attorney to secure optimal outcomes for his clients.
