Assault and battery, or simple assault and battery, is a misdemeanor crime in Massachusetts. Massachusetts General Laws Chapter 265, Section 13A defines the offense. There are two kinds: intentional assault and battery and reckless assault and battery.
What’s Assault and Battery?
To prove intentional assault and battery, the Assistant District Attorney must establish three elements:
- The defendant touched the victim without any right to do so,
- The defendant did so intentionally, and
- The touching was likely to cause bodily harm, or was not consented to.
Reckless assault and battery applies when the defendant did not intend to touch the victim but did so anyway. Here the Assistant District Attorney must prove two elements:
- The person intentionally acted in a way that caused bodily harm amounting to more than a “trifling” injury, meaning something more than brief discomfort, and
- The conduct was reckless. Reckless conduct is more than negligence: the person knew or should have known the actions were likely to hurt someone and went ahead anyway.
Massachusetts Assault and Battery Penalties
Both intentional and reckless assault and battery are misdemeanors in Massachusetts, and both are punishable by jail. The maximum penalty is up to two and a half years in the house of correction or a fine of up to $1,000. A court can also impose probation, fines, and anger management classes.
Legal Defenses to Assault and Battery
Anyone charged with assault and battery should build a serious defense, and there are several. Self-defense is one of the most common. Under Massachusetts law, you have the right to protect yourself or others from imminent harm; if your actions were a response to a real threat, Attorney Donovan gathers the evidence and witness testimony needed to show they were justified.
Defense of others and defense of property can also apply. If you stepped in to protect another person or your property from harm, the argument is that what you did was necessary and lawful under the circumstances.
Lack of intent is another defense. If you did not mean to cause harm, or the incident was a misunderstanding, that undercuts a required element of the charge.
The credibility of the Commonwealth’s witnesses often decides these cases. Careful cross-examination and a close look at the evidence can expose inconsistencies and cast doubt on the prosecution’s version of events.
A strong defense depends on knowing both Massachusetts law and how these cases actually play out in court. Attorney Donovan, a former prosecutor, uses that experience to protect your rights and work toward the best available outcome. If you are facing assault and battery charges in Massachusetts, call for a confidential consultation to talk through your options.
Experienced Assault and Battery Defense
When you are facing an assault and battery charge in Massachusetts, the right criminal defense attorney makes a real difference. Attorney Donovan builds a defense around the specific facts of your case.
That starts with a thorough investigation: reviewing the police reports, gathering evidence, and interviewing witnesses to find inconsistencies or mitigating facts that support your side.
Using a working knowledge of Massachusetts law, he builds a strategy aimed at challenging the Commonwealth’s case and reducing the consequences you face, whether that means negotiating for reduced charges or trying the case.
He also understands the strain that criminal charges put on you and your family, and keeps you informed and supported at each stage. If you are facing assault and battery charges in Massachusetts, contact Attorney Donovan at (617) 479-1800 for a confidential consultation.
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Aggravated Assault and Battery
Massachusetts Criminal Attorney
Patrick Donovan is a Massachusetts criminal defense attorney and a former Assistant District Attorney in the Norfolk County District Attorney’s Office. He draws on his experience as a prosecutor to defend clients and pursue the best possible outcome in each case.
