Being charged with assault and battery on a police officer in Massachusetts is a very serious matter — one that can carry felony-level consequences, mandatory jail time, and lasting effects on your life. If you or someone you love is facing this charge, understanding what the law actually says is the first step toward building a meaningful defense.
What Is Assault and Battery on a Police Officer (M.G.L. c. 265 § 13D)?
Massachusetts General Laws Chapter 265, Section 13D covers assault and battery on public employees — including police officers. The law treats this as a separate and more serious offense than a standard assault and battery charge, because it specifically targets conduct directed at people who are doing their jobs serving the public.
A regular assault and battery (M.G.L. c. 265 § 13A) is a misdemeanor punishable by up to 2½ years in a house of correction. Section 13D starts there for the most basic version of the offense — but it can quickly escalate to a felony carrying up to 10 years in state prison, depending on the facts.
Who Counts as a "Public Employee"?
The statute covers assault and battery on any public employee who is performing their duties at the time of the incident. That includes police officers, but also MBTA workers, correctional officers, and transit workers (including contracted operators of public transit services). The 2026 update to the law specifically added public transit workers by name.
What Must the Commonwealth Prove?
- You committed an assault and battery — meaning you intentionally touched another person without their consent in a way that was harmful or offensive. Even a push or a shove can qualify.
- The victim was a public employee (such as a police officer).
- The officer was performing their duties at the time of the contact.
The Penalties: What Are You Facing?
- Basic Assault and Battery on a Public Employee (Misdemeanor) Punishable by a minimum of 90 days and a maximum of 2½ years in a house of correction, and/or a fine of $500–$5,000.
- Assault and Battery on a Police Officer with an Attempt to Disarm (Felony) Punishable by up to 10 years in state prison, or up to 2½ years in a house of correction plus a fine up to $1,000.
- Assault and Battery on a Police Officer Causing Serious Bodily Injury (Felony) This version carries a mandatory minimum of 1 year in prison — meaning the judge cannot go below that. The maximum is 10 years in state prison or 2½ years in a house of correction. There is no probation, parole, work release, or good-time reduction until the mandatory minimum is served.
Other Consequences Beyond Jail Time
- Felony Record. The more serious versions of this charge are felonies. A felony conviction can affect your ability to get a job, housing, professional licenses, and more.
- Firearms. A felony conviction results in a lifetime prohibition on possessing firearms under both Massachusetts and federal law. Even the misdemeanor version can affect your ability to obtain or renew a License to Carry (LTC) or Firearms Identification Card (FID), as police chiefs and licensing authorities have broad discretion to deny licenses to those with criminal records.
- Immigration Consequences. If you are not a U.S. citizen, a conviction under this statute could have serious immigration consequences, potentially including deportation or being barred from re-entering the country. It is critical to consult with an immigration attorney before resolving any criminal charge.
- Pretrial Detention / Dangerousness. In serious cases, the Commonwealth may file a motion to hold you without bail under Massachusetts’ dangerousness statute (M.G.L. c. 276 § 58A). A judge can order you held for up to 90 days if the court finds by clear and convincing evidence that no bail conditions will reasonably assure the safety of the community.
- Sex Offender Registration. This charge does not trigger sex offender registration.
- RMV Consequences. A conviction under this statute does not directly trigger a license suspension by the Registry of Motor Vehicles, though any related conduct — such as an incident involving a motor vehicle — could result in separate RMV consequences.
Possible Defenses
- Self-Defense or Defense of Others. Massachusetts law recognizes the right to defend yourself or another person from unlawful force. If you reasonably believed you were in danger, this may be a valid defense — even if the person you were defending against turned out to be a police officer.
- The Officer Was Not on Duty. The statute only applies if the officer was engaged in the performance of their duties at the time of the incident. If the officer was acting outside the scope of their official role, this element may not be met.
- Lack of Intent / Accident. The Commonwealth generally must prove an intentional or reckless act. If the contact was truly accidental, that may be a defense.
- Mistaken Identity or Disputed Facts. If the facts are in dispute — for example, if there are conflicting accounts of what happened — an attorney can challenge the Commonwealth’s evidence and test whether they can meet their burden of proof.
- Excessive Force by the Officer. If the police used unlawful, excessive force, Massachusetts law may permit a reasonable response in self-defense, though this is a complex and fact-specific area of law.
You Don't Have to Face This Alone
Charges under M.G.L. c. 265 § 13D are serious, and the stakes can be especially high when a felony or mandatory minimum sentence is involved. The circumstances surrounding an arrest can be chaotic and emotional, and there may be important facts and context that need to be carefully examined.
If you are facing charges under M.G.L. c. 265 § 13D, an experienced Boston criminal defense attorney can help you understand the allegations, evaluate the evidence, and explain your legal options. At the Law Office of Matthew W. Peterson, we represent people facing serious criminal charges in Boston and throughout Massachusetts. We will listen to your side, explain your options clearly, and advocate for your rights. Contact us at 617-295-7500 to schedule a free consultation if you are facing criminal charges.
