A Definitive Guide to Assault and Battery in Massachusetts

A Definitive Guide to Assault and Battery in Massachusetts

Assault and battery continue to be one of the most frequently reported crimes in the Commonwealth of Massachusetts, and today’s blog aims to cover it in brief along with a broad overview of punishments and penalties applicable for the said crime.

In the Commonwealth of Massachusetts, assault and battery are considered a non-indictable offense and less insignificant than a felony, with the potential repercussions ranging from facing probation, being held in prison, criminal convictions, and hefty financial penalties. Assault and battery happen to be among the most commonly reported crimes in Massachusetts. It’s in your best interest not to converse with anyone until you’ve contacted a Massachusetts assault and battery lawyer.

What Constitutes Assault and Battery in Massachusetts?

Massachusetts’ state law defines assault as a serious threat, such as violence, while battery involves someone making physical in an unlawful manner.

Note that no real physical harm is required to file a charge of assault and battery. For instance, if you merely threaten someone and then try to push or throw an object towards her/him, it’d be deemed sufficient by a police officer to arrest you on this charge.

Top Ten Charges for Assault and Battery in Massachusetts

Whether a charge of assault and battery would be regarded as a felony or a misdemeanor crime is decided by how severe the injuries are. In specific cases, for instance, if the alleged incident is related to domestic violence or involves a minor, such atypical conditions are also factored in deciding the punishments and charges of an individual implicated in an assault and battery incident.

The top ten charges for assault and battery in Massachusetts are listed below.

  • Assault and battery – aggravated
  • Assault and battery – indecency
  • Assault and battery involving a lethal weapon
  • Assault and battery involving a child
  • Assault with a plan for a felony
  • Assault with a plan to murder or steal
  • Assault with a plan to rape a person
  • Assault and battery – domestic
  • Automobile-related assault

However, you should realize that not every incident of unsolicited bodily contact is interpreted as an assault and battery offense. An alleged crime of assault and battery may be justified and situation-specific, such as someone trying to prevent an act of crime, defending other people, or in the capacity of self-defense.

Assault and Battery Penalties and Punishments

Apart from any civil compensation for pain, lost wages, and medical expenses that a victim may claim, the assailant may also be slapped with criminal penalties. According to the MGL or Massachusetts General LawSection 13A, the perpetrator of the crime can be penalized with a $1000 fine and face a jail term of not exceeding thirty months.

The punishment could be way severe if the crime is committed against a child, a pregnant woman, a government employee, or an individual who can legally restrain the perpetrator.

The same applies if any critical physical injury is caused by the incident of assault and battery, where bodily injury is defined as the considerable likelihood of mortality, impairment or loss of organ, limb, bodily functionality, irreversible disfigurement.

Furthermore, if the actor of a crime commits the act of assault or battery with the intention of stealing or robbing, that particular offense would be deemed punishable under MGL, Section 20, and one could face up to ten years of state prison term.

If you or someone you care about is accused of assault and battery and is looking for an experienced assault and battery lawyer in Massachusetts, please feel free to get in touch with Attorney Amit Singh. His extensive experience and vast knowledge would surely help you.