Assault & Battery

Assault is a serious criminal offense. Being charged with this crime can forever change your life. From spending time in prison to being forced to disclose previous convictions to future employers: charges as serious as this aren’t something to take lightly.

Assault charges can result from may situations where emotions and tempers get out of hand. It is common for a disagreement to escalate into a fight.

Most assault charges in Massachusetts are actually assault and battery offenses,  where physical contact is made, and some injury may have occurred.

You may not have instigated or caused the situation that led you to this point. I have defending many people accused of assault charges who were only defending themselves after being attacked, or in situations where the altercation was mutual, such as in a bar fight.

Whether you were defending yourself or got caught up in an emotional situation where you lost control -  whatever the case, I can help.

Having an experienced criminal defense attorney on your side when facing charges like assault can bring you piece of mind. As your attorney I would help ensure your side of story is heard and work to get you the best possible results on your day in court.

In Massachusetts, there are many criminal offenses covered under the assault statutes.

Assault / Assault and Battery Laws

To be charged and even convicted of assault, you do not actually need to have hurt anyone. As a matter of fact, you don’t even have to make physical contact.

If you put someone in fear that you will cause harm, you can face assault charges.

Generally, assault is punishable by up to 2 ½ years in prison and fines reaching $1,000.

Ref: MGL c.265 §13A

With assault charges, various factors can increase the severity of your punishment. A weapon, your motive, and if an injury occurs can all change the outcome.

Assault and Battery with a Dangerous Weapon

Assault and Battery with a deadly or dangerous weapon can make an assault charge into a felony offense. A dangerous weapon can mean a wide variety of things, a gun, a knife, or a blunt instrument like a bat. It can also mean a car, if you are accused of deliberately trying to hit someone while driving.

If you kick someone, you can also be charged with assault with a dangerous weapon, depending on your choice of shoes. Particularly a heavy or steel-toed boot will result in a assault with a deadly weapon (shod foot) charge.

Indecent Assault and Battery

If the nature of the assault and battery involves an “indecent” type of contact of a potentially sexual nature, you can be charged with indecent assault and battery. Indecent assault is always a felony offense.

Mayhem

Mayhem is a serious class of assault. In involves scarring injury to the alleged victim. Although rare, mayhem is nothing to be taken lightly.

You may be charged with mayhem if you intend to maim or disfigure someone by cutting them severely, disabling a limb, or mutilating them.

If convicted of this offense, you could face up to twenty years in prison.

Ref: MGL c.265 §14

Assault with Intent to Kill or Maim

If the prosecution can prove to the court that you intended to kill or maim someone with your assaultive action you could face this charge. This is one of the more serious assault crimes and can lead to up to 10 years in prison and fines.

Ref: MGL c.265 §15

Assault to Cause Intimidation

Your motives may be called into question and you can be charged with this offense if it is found that you acted to intimidate or assault someone because of their race, religion, origin, sexual orientation, or disability.

Depending on the results of your actions in this type of case, you could be looking at 2 ½ to ten years. In addition, when convicted of an offense commonly known as a “hate crime”, you will be ordered to attend a diversity training session.

As with any assault crime, if you use a weapon in the commission of this act you could be charged with additional criminal offenses. See my weapons offense page for more details.

Assault charges are something to be taken very seriously. Anytime your reputation and freedom are on the line, you don’t have time to spare.

If you are facing charges like A & B, contact me today. I am interested in the details of your case and interested in getting you the best results possible.

I have a successful record of fighting and winning assault and battery cases in Massachusetts courts. Give me a call to discuss your specific situation, and how I can help.

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