Assault and Battery

In Massachusetts, assault in general, constitutes a threat of violence, while battery refers to the unlawful physical contact of another individual without his or her consent. You do not have to cause actual harm for an assault and battery charge to be brought against you. It is enough that the mere threat, followed by an intentional act, like throwing an object, can be enough for you to be charged with assault and battery.

For example, a simple bar fight or an argument at a sporting event that turns physical can lead to you being charged with assault and battery. An assault and battery charge can be considered a misdemeanor or a felony. Some of the various factors that the prosecutor will look at before determining whether to charge you with a misdemeanor or a felony are the nature and severity of any injuries that were suffered by the victim or whether any weapons were involved in the altercation.

Common Assault and Battery Charges in Massachusetts include:

1. Aggravated Assault and Battery – If the assault results in serious bodily injury. Serious bodily injury is an injury that results in permanent bodily disfigurement, loss or impairment of a bodily organ or function, or an injury that poses a substantial risk of death.

2. Indecent Assault and Battery – In Massachusetts Indecent assault and battery is divided into two categories. First, indecent assault and battery on a child under the age of 14, and second, indecent assault and battery on a child over the age of 14. 

In order to prosecute the case, the prosecutor must first prove the victim’s age. That is whether the victim is over 14 or under 14. 

Second, the prosecutor must prove that the defendant touched the victim without the victim’s permission, or in a way that is not justifiable.

Third, the prosecutor must prove that the defendant’s touching was indecent, or fundamentally offensive. This generally means that the defendant touched the victim’s private areas, which include breasts, buttocks, or genital area. This applies to both men and women and the touching is considered indecent regardless of whether the victim had clothes on or not.

Finally, the prosecutor must prove that the victim did not consent to the touching. However, if the crime alleged is indecent assault and battery on a child under the age of 14, the prosecutor does not have to prove that the victim did not consent to the touching as Massachusetts law specifically sets forth that if the victim is younger than 14, he or she is too young to consent to any sort of touching.

OTHER FORMS OF ASSAULT AND BATTERY INCLUDE:

4. Assault and Battery Upon a Child

5. Assault and Battery with a Deadly Weapon

6. Assault with Intent to Rob

7. Assault with Intent to Commit a Felony

8. Vehicular Assault

9. Assault with Intent to Commit Rape

10. Assault with Intent to Kill

11. Domestic Assault and Battery

Not all allegations that involve violence, the threat of violence or unwanted physical contact rise to the level of assault and battery. Instead, you may have acted in self-defense, you may have been defending yourself or the touching may have been an accident. The law requires that the touching be intentional. If you can prove that the touching was accidental, then you are not guilty of intentional assault and battery.

Exceptional, Thorough and Aggressive Defense to Assault and Battery Allegation

Massachusetts criminal defense attorney Neil Faigel is known for his effective legal strategies so that he can ensure the best possible outcome for his client. If you are charged with or being investigate for the crime of assault and battery or any of its corollaries, do not talk to anyone until you have retained the services of Massachusetts criminal defense lawyer, Neil Faigel. Call Neil Faigel at 978-681-9600 or contact us at attyfaigel@comcast.net. Criminal defense attorney Neil Faigel serves criminal defendants in the Greater Boston area and in other cities throughout Massachusetts. Attorney Faigel’s office is located in Andover, MA and he is available for consultation after hours and on weekends.