Boston Assault & Battery Lawyer
Professional Legal Defense of Assault and Battery Charges
Assault and assault and battery are serious offenses in Massachusetts, with punishments ranging anywhere from a misdemeanor to a felony depending on the victim’s injuries and the victim’s protected status. If you are facing an assault or assault and battery charge, speak to a lawyer as soon as you can. Under Massachusetts General Laws, Chapter 265, Section 13A, assault and battery is punishable by up to two and a half years in prison and a maximum fine of $1,000, while a five year sentence is possible if serious bodily injury occurred. Call an experienced, professional Boston assault & battery lawyer to schedule a free initial consultation as soon as you are able to.
Massachusetts recognizes assault and assault and battery, which are two different types of crimes. Assault, which is the lesser of the two offenses, and is sometimes referred to as simple assault, consists of:
- an attempt to use physical force; or
- a show of force against another, including a verbal barrage.
One example of simple assault is swinging and missing at a person. No physical contact occurred, but the victim likely suffered genuine fear of harm. Another example could be running at a person and shouting that you are going to hurt them in some way. Even though no physical contact occurred, assault may have, simply because the victim believed that they could have been injured in the process. However, it can be difficult to prove that they had immediate fear of physical injury when no physical contact occurred, especially if you, as the defendant, were not holding a deadly weapon. Simple assault is a misdemeanor.
Massachusetts Assault and Battery
Assault and battery occurs when the defendant intentionally makes physical contact with another person, without the other person’s consent, with the intent to commit physical harm. An example of assault and battery includes a shove, even if no injury occurred. It seems like no harm was done, but it can be hard to disprove that the victim did not suffer from a reasonable amount of fear of genuine harm. Assault and battery can also include a punch, kick, or shove. When serious bodily injury occurs, or if there are allegations of the use of a deadly weapon, the penalties can be drastically increased to a maximum five year sentence and a $5,000 fine. Additionally, if the victim was a pregnant woman, over the age of 60, or a child, the penalties can go up even if the offense was just simple assault, or if you allegedly used a dangerous weapon, according to Massachusetts General Laws, Chapter 265, Section 15B.
Call the Baez Law Firm
If you have been charged with assault or assault and battery, contact one of our experienced Boston assault lawyers at the Baez Law Firm. We are eager to help you through each step of your case.