Assault is a misdemeanor crime in Massachusetts. It is punishable by up-to two and a half years in jail. Massachusetts General Law c 265 s13a. addresses the crime of assault. Also, Massachusetts law requires. any Superior Court or District Court trial judge who does not impose a period of incarcerated time must file written findings. These findings require specific reasons why they did not impose a jail sentence.
Assault is different than Assault and Battery because there is no actual touching in an assault. There are two theories of assault in Massachusetts.
First, assault can an attempted battery. Here, the prosecution must prove the defendant intended to cause a battery. Also, they must also prove that defendant came reasonably close to carrying out the battery. Battery means harmful and unconsented to touching. In fact, the prosecutor does not need to show the victim was actually placed in fear. In fact, it happens even if the victim was not aware of it.
An immediately threatened battery is the other. Here. the prosecutor must prove the defendant intended to put the victim in fear of imminent battery. Also, the prosecutor must prove the defendant did something which the victim reasonably perceived as an imminent battery.
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.
Are there Defenses to Assault in Massachusetts?
There are defenses to assault charges. One common defense is the defendant did not intend to assault the victim. Because these cases require that the defendant intended to place the victim in fear. Other defenses include arguing the defendant acted without intent to instill fear.
Self-defense is a common defense. Self-defense is an affirmative defense. That means you can raise it as a defense at trial. It is up to the judge or jury to decide if it applies. Finally, an experienced lawyer can help you develop a self-defense claim.
A Massachusetts Criminal Attorney is the best person to help develop a defense for your criminal case. A criminal lawyer can evaluate all of your evidence and help develop the strongest defense to your case.
Massachusetts Criminal Attorney
Patrick Donovan is a former assistant district attorney. He uses that experience to get the best possible outcome for each of his clients. Also, Attorney Donovan has appeared in over fifty courts in Massachusetts.
Call the Law Office of Patrick T. Donovan today for your free consultation at 617 479-1800.