Assault charges are considered violent crimes. You need to speak with a Massachusetts Assault Attorney if you have been accused of assault or assault and battery. Assault is considered a violent crime and is a serious crime in Massachusetts. The crime of assault in Massachusetts is governed by Massachusetts general laws chapter 265 section 13A, which defines two possible ways in which an assault may be committed:
1. an attempted battery; or
2. an immediately threatened battery. In order to prove an assault charge based on the first category, the district attorney must prove, beyond a reasonable doubt, that you intended to cause a battery.
However, they did not need to show that the alleged victim was ever actually placed in fear or was ever even aware of the attempted battery. Under the second category, the district attorney must prove, beyond a reasonable doubt, that you intende
d to place the alleged victim in fear of imminent battery and actually engaged in some conduct toward the alleged victim which could reasonably be perceived as imminently threatening a battery. A battery is defined as a harmful or unpermitted touching of another. Therefore, as assault is either an attempt to use some degree of physical force or otherwise offensive contact, or a demonstration of apparent intent to do so. This means that in order to be convicted of assault, you do not ever need to come in contact with the victim or even harm them whatsoever.
What is the Penalty for Assault in Massachusetts?
The penalty for assault in Massachusetts is up to 2.5 years in prison and up to $1,000 in fines. However, it is extremely rare for anyone to be convicted on assault charges alone. Almost always it is combined with a battery charge or some other aggravating factor, such as a dangerous weapon, indecent assault, or intent to kill.
Are there Defenses to Assault in Massachusetts?
A Massachusetts Assault Attorney can help you defend an assault case. There are many potential defenses to assault charges. Defense include self-defense, consent and accident.
If the assistant district attorney cannot prove that you intentionally committed the assault under either theory, the case will not stand. An experienced Massachusetts assault attorney will know the best defense available for your specific case and can help you get the best possible outcome.
If you or someone you know has been charged with assault, you need to speak with a Massachusetts assault attorney right away.
Massachusetts Assault Attorney
Patrick Donovan is a former assistant district attorney who uses his experience to get the best possible outcome for each of his clients. Attorney Donovan has appeared in over fifty courts in Massachusetts. Attorney Donovan has represented many clients charged with assault.
Call the Law Office of Patrick T. Donovan today for your free consultation at 617 479-1800.