Assault and Battery

I have represented hundreds of clients charged with assault and battery. In most of these cases, the charges were eventually dismissed or my client found not guilty after a trial. A critical time in such cases is when the client is first “arraigned” in court (a legal term meaning the time at which the client is informed of the charges against him or her, and a plea of not guilty is entered.) This is because the prosecutor often asks for bail or conditions of release at the arraignment. If bail is set in an amount the client cannot afford, then he or she is held until trial or such time that bail is posted. If conditions of release are requested and imposed by the judge, then the client must abide by the conditions until the case is over. Sometimes the conditions can be onerous and can dramatically impact someone’s life. For example, the client can be ordered to stay away from his or her own house; submit to random drug or alcohol testing; or even wear a “GPS” monitoring device. Because the stakes at arraignment can be high, it is critical that someone charged with a crime consult with a defense attorney immediately.

Assault and battery is defined by G.L. 265, §13A as an intentional “touching” by the defendant of another person, without any right or excuse, where the touch either was likely to cause harm, or where the touch was done without the other person’s consent. An Assault and Battery with a Dangerous Weapon is an assault and battery that is capable of causing serious injury or death. An object that is normally used for innocent purposes can be a dangerous weapon is it is intentionally used as a weapon in a potentially dangerous way. In the right circumstances, therefore, a shoe worn on a foot that is used to kick someone can be a “dangerous weapon.”

Self-defense or defense of another is a common defense to an assault and battery charge. This defendant can raise such a defense when there is any evidence that he touched the other person in order to avoid imminent harm to himself or another, and the touch was proportionate to the danger that he faced.

Below are the most common types of assault charges and the potential sentences:

Assault or Assault and Battery (A&B) in Massachusetts carries the following potential penalties:

• Up to 2 years in jail
• Up to $1000 fine

Assault or Assault and Battery resulting in serious bodily injury, or on a pregnant woman, carries the following potential penalties:

• Up to 5 years in state prison (felony)
• Up to $5000 fine

Assault and Battery On a Public Employee while that employee is engaging in his/her official duties carries the following potential penalties:

• 90 days mandatory minimum jail sentence
• Up to 2 years in jail
• Fines from $500- $5000

Assault or Assault and Battery on a mentally retarded person carries the following potential penalties:

• Up to 5 years in state prison (felony)
• Up to 10 years in state prison (second offense)

Assault or Assault and Battery on a child under 14 years old causing injury carries the following potential penalties:

• Up to 5 years in state prison (felony)

Assault or Assault and Battery on a child under 14 years old resulting in substantial bodily injury carries the following potential penalties:

• Up to 15 years in state prison (felony)

Assault or Assault and Battery on an elderly or disabled person carries the following potential penalties:

• Up to 3 years in state prison (felony)
• Up to $1000 fine

Assault or Assault and Battery on an elderly or disabled person causing injury carries the following potential penalties:

• Up to 5 years in state prison (felony)
• Up to $1000 fine

Assault or Assault and Battery on an elderly or disabled person resulting in serious bodily injury carries the following potential penalties:

• Up to 10 years in state prison (felony)
• Up to $5000 fine

Assault with a Dangerous Weapon carries the following potential penalties:

• Up to 5 years in State Prison (felony)
• Up to $1000 fine

Assault and Battery with a Dangerous Weapon (ABDW) carries the following potential penalties:

• Up to 10 years in State Prison (felony)
• Up to $5000 fine

Assault and Battery with a Dangerous Weapon (ABDW) that either causes serious bodily injury, is upon a child under 14 year old and the perpetrator 17 years old or older, is upon a pregnant woman, or upon a person who has a valid restraining order against the perpetrator, carries the following potential penalties:

• Up to 15 years in State Prison (felony)
• Up to $1000 fine

Mayhem:An assault and battery with malicious intent to main, disfigure, or inflict permanent physical injury, resulting in such injury, carries the following potential penalties:

• Up to 20 years in state prison (felony)
• Up to $1000 fine

Assault with Intent to Murder carries the following potential penalties:

• Up to 10 years in State Prison (felony)
• Up to $1000 fine

Attempt to Murder carries the following potential penalties:

• Up to 20 years in state prison (felony)
• Up to $1000 fine