Massachusetts Assault and Battery Defense Attorneys

The crimes of Assault and Battery, though very similar, actually consist of two very different charges.  Assault refers to the threat of some type of violence, not the actual bodily contact itself while battery is the actual harmful and offensive physical contact of another person - or an object associated with the person (such as their clothing, hair, or the chair that they're sitting on) - without his or her consent.  

A defendant can be charged with Assault, Battery, or Assault and Battery.

The relevant statute in Massachusetts is General Laws Chapter 265.  Essentially, it states that a person who commits assault - or assault and battery - shall be imprisoned for up to 2 1/2 years or ordered to pay a fine of up to $1,000. 

Most arrests stem from heated arguments that escalate into threats, scuffles, fistfights, beatings and other violence that turn into criminal matters.  Once you find yourself charged with any of the above crimes, you are impacting your future and your ability to find a good job, obtain credit and housing, or answer in the negative when asked if you have a criminal record.  With so much to lose, the smart decision is to obtain experienced and aggressive legal representation.

The Assault and Battery Defense Attorneys at The Massachusetts Criminal Defense Group have over 30 combined years of courtroom experience representing criminal defendants in  Assault and Battery matters.  For a free, no-obligation consultation, call us at (800) 461-6900 or contact us online.

Assault and Battery Cases Come With Enhanced Charges

Notwithstanding these requirements, the penalties may be enhanced by such factors as using a weapon to commit the crime, the severity of the victim's injuries, and whether the crime was committed against a minor, an elderly person, somebody with a disability, a pregnant woman, a police officer, a fire fighter, public official, or one protected by a restraining order or no-contact order.

Most people think that the charge of Assault and Battery by means of a Dangerous Weapon (ABDW) has to involve a gun or a knife.  Not so.  ABDW can involve virtually any item that can be used as a dangerous weapon - a german shepherd, a lighted cigarette, an automobile door used to intentionally strike a victim, concrete pavement, a shoe (when used to kick or stomp), a rock, a plate, even a hot cup of coffee! 

Enhanced charges of ABDW can result in jail time and large fines.  A variety of issues are considered prior to the filing of felony assault charges.  Many charges of domestic violence involve assault.  When one spouse, for example, throws something at the other spouse, charges of assault and battery by means of a dangerous weapon may apply.

Defenses to Assault Charges:
Self-Defense and Unforeseeable Injury

There are several defenses to charges of assault.  Did you have reason to feel you were in danger, and acted in self-defense?  Was there a way you could have foreseen that your action would cause an injury?  Our Assault and Battery Attorneys will examine all aspects of your case in determining the most effective defense strategy. 

Often a higher-degree assault charge can be negotiated downwards.  Because plea bargains allow cases to move quickly through the court system and are advantageous to both parties involved, judges and prosecutors often turn to plea bargaining in virtually every A&B case.  Essentially, the defense attorney and prosecutor confer regarding a specific case and attempt to establish a "bargain" acceptable to both sides.  The process can last anywhere from minutes to several weeks.  Attorneys can arrange plea bargains without their client's consent, however, only the criminal defendant can make the decision of whether or not to accept the agreement.

Learn more in our Plea Bargain Information Center.

Sorting Out Who Did What in a Fight

Many criminal charges for assault stem from fights involving two or more people.  Often, if one person lost the fight, the other person is charged with assault.  But that may not be the person who instigated or escalated the fight.  The legal standards for whom, if anyone, is guilty of assault in a fight situation are more complex.  Rest assured that our Massachusetts Assault and Battery Defense Attorneys will get your side of the story told.

In another situation, while everyone in a bar may notice a fight after it has broken out, it's not always clear if self-defense was involved on the part of one or more of those involved.  Initial police reports do not always capture the full range of facts and circumstances, some of which may have an important bearing on determining whether or not the charges against you should be reduced or dismissed. 

Better Options in Tough Assault and Battery Cases

In Massachusetts Assault and Battery cases, our A&B Defense Attorneys have found viable options for clients at the close of discovery if the District Attorney's case looks strong, and the future for our client looks grim.  It is called a "Continuance Without a Finding" (CWOF).  This is an end-result that is one step below actually pleading guilty. 

In order for our client to get a CWOF, the defendant "admits to sufficient facts."  He or she admits that there are facts by which the judge or jury could find them guilty, but it isn't the same thing as pleading guilty.  Guilty means a conviction; admission means a CWOF.

If you've been arrested, call us for a no-obligation consultation at (800) 461-6900 or contact us online.

Other than your A&B charges, we can also assist you at your Probation Surrender Hearing if allegations arise that you have violated the terms of your probation.