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. There’s intentional and there is 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. In order 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.
Mass. 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 A and B
Self-defense is a common legal defense in assault and battery cases. Anyone defending themselves can use self-defense. Another legal defense is the defense of others. Where someone is defending someone else.
One common defense is showing that both people were wrong and the victim decides not to incriminate himself or herself and chooses to exercise the fifth amendment and not testify.
Other defenses include arguing the person was not injured or that the person did not intentionally engage in reckless conduct.
Massachusetts Criminal Attorney
Massachusetts Criminal Attorney Patrick Donovan is a former assistant district attorney who has experience in handling all types of criminal cases. As a prosecutor Attorney Donovan received specialized training. As a defense attorney Patrick Donovan uses that training and experience to get the best result for each of his clients.
Attorney Donovan works to be the best Massachusetts criminal defense attorney. He has experience in over fifty courts in Massachusetts.
