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Written By: Matthew W. Peterson
Published: 06/12/2019
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The penalty for assault and battery in Massachusetts 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 criminal defense attorney in Boston MA to determine the exact potential penalties for your situation.
Assault and battery basically consists of a touching and either an intent to touch or recklessly causing 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.
Assault does not involve a touching of a person. An assault can mean two different things:
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 criminal defense attorney in Boston Massachusetts to help you mount your defense. Depending on your situation, the penalty for assault and battery in Massachusetts could be jail. Contact the Law Office of Matthew Peterson today, and let’s get started defending your case.
The Law Office of Matthew Peterson is in Boston, Massachusetts, but I handle criminal cases in all Massachusetts courts, including larceny. Contact us at (617) 295-7500.
Assault involves the threat or attempt to cause harm, while battery involves actual physical contact with the intent to harm. In essence, assault is the act of creating fear of imminent harm, whereas battery is the act of causing physical injury.
Yes, assault and battery charges can be dropped, but this typically requires negotiation with the prosecutor or a compelling defense. Factors such as lack of evidence, self-defense claims, or victim recantation can influence whether charges are dropped.
Common defenses include self-defense, defense of others, consent, false accusations, and lack of intent. Each case is unique, so consulting with a qualified attorney is essential to determine the best defense strategy.
A prior criminal record can lead to harsher penalties for assault and battery. Repeat offenders may face increased jail time, fines, or other consequences compared to first-time offenders due to sentencing guidelines that consider criminal history.
If you are falsely accused of assault or battery, it is crucial to remain calm and avoid confrontation with the accuser. Gather evidence that supports your innocence (such as witnesses or alibis) and consult with a criminal defense attorney immediately to protect your rights and build a strong defense.
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