The penalty for assault and battery ranges from probation to jail time, depending on your record and the particular circumstances.
Assault and Battery, without more, is a misdemeanor punishable by up to 2 and a half years in the house of corrections (jail) or a fine up to $1,000. Similarly, an assault has the same penalties.
However, the penalty for assault and battery depends on your criminal record and your exact situation.
There are different provisions in Massachusetts law if you use a dangerous weapon, assault an elderly person, assault someone in a domestic relationship with you, or assault a police officer. You should consult with a Massachusetts criminal defense attorney to determine the exact potential penalties for your situation.
What is Assault and Battery in Massachusetts?
Assault and battery basically consists of a touching and either an intent to touch or recklessly caused the person to be touched. It can’t be a minor touch, but it must cause injury or some sort of lasting impression. Something that “only shakes up a person or causes only momentary discomfort would not” qualify as a battery.
What is Assault in Massachusetts?
Assault does not involve a touching of a person. An assault can mean of two different things. First, it could be an “immediately threatened battery.” This means you showed that you intended to hit someone, and it caused another person to think you were going to hit them.
Second, it could be an attempted battery, meaning you tried to hit someone.
The penalty for assault and battery is the same as for simple assault in Massachusetts.
If you are charged with assault and battery, you need an experienced Massachusetts criminal lawyer to help you mount your defense. Depending on your situation, the penalty for assault and battery could be jail. Contact me today, and let’s get started defending your case.
My office is located in Boston, Massachusetts, but I handle criminal cases, including larceny, in all Massachusetts courts. Contact me at (617) 295-7500.
