Assault and Battery in Massachusetts is typically charged after a fight. The law regarding assault battery is defined in the Massachusetts General Laws Chapter 265 Section 13A. According Massachusetts there are two types of assault and battery intentional assault and battery and reckless assault and battery.
If you charged with intentional assault and battery the Assistant District Attorney must prove three elements to get an assault and battery conviction.
1. The defendant touched the victim with any right to do so
2. That the defendant intentionally touched the person
3. That the touching either was likely to cause bodily harm or was not consented to to
Reckless Assault and Battery is when the defendant did not intend to touch the victim yet still did. In order to get a conviction for a reckless assault and battery the Assistant District Attorney must prove two elements
1. That the person intentionally acted in a way that caused bodily harm to another and caused an injury more that “trifling,” something more that a brief discomfort
2. and it must be proven that the person’s actions were a reckless conduct. In order to prove that it was a reckless conduct it has to be more than a negligent conduct and that the person know or should have known the actions was likely going to hurt someone yet did so anyway.
Massachusetts Assault and Battery Penalties
Both intentional assault and battery and reckless assault and battery are considered a misdemeanor crime in Massachusetts. That means it is still punishable by jail. In Massachusetts Assault and Battery is punishable for up to two and half years in the house of correction or not less than a $1000 fine. In addition to potential jail time, other potential penalties for assault and battery are probation, fines, anger management classes.
Massachusetts Assault and Battery Defenses
One typical defenses to intentional assault and battery is self defense. Where the person was simply trying to defend themselves. Another defense to intentional assault and battery is defense of others. Where someone is defending someone else. One common defense to assault and battery 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.
In reckless assault and battery cases defense include arguing the the person was not injured or that the person did not intention engage in reckless conduct.
Most Recent Assault and Battery Victory
Assault and Battery
Client is arrested after police learn that he was in fight with his estranged wife. According to the police the defendant argued with her then eventually pushed causing her to fall down a flight of stairs. She sustained multiple arm injuries requiring hospitalization. CASE DISMISSED
Massachusetts Assault and Battery Attorney
Massachusetts Criminal Attorney Patrick Donovan is a former assistant district attorney who has experience in handling assault and battery cases. As a prosecutor Attorney Donovan received specialized training in handling Massachusetts assault and battery cases. 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 assault and battery attorney. He has experience in over fifty courts in Massachusetts. Attorney Donovan has represented many people against assault and battery criminal charges. If you or someone you know needs advice on how to handle an assault and battery charge in Massachusetts call today for a free consultation.