Fall River Assault Lawyer

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Experienced Assault Attorney in Fall River

There are various forms of assault recognized by the Commonwealth of Massachusetts. If you have been accused of assault, it’s vital to seek legal advice as soon as possible following your arrest. A Fall River assault lawyer can inform you of your rights and help you construct an effective defense to challenge the charges against you.

At Ellison Law LLC, we have decades of combined experience representing the accused throughout Massachusetts and Rhode Island. While facing criminal charges can feel overwhelming, we’re here to advocate on your behalf with the courts, helping you face your hearings and trials with dignity and integrity. Engage a Fall River criminal defense lawyer for help.

What Is Assault?

Assault is defined as any attempt to put another person in reasonable apprehension of immediate physical harm. From 2021 to 2026, there were over 80,000 cases of aggravated assault reported in the commonwealth.

In Massachusetts, a person does not have to make physical contact with another person to be charged with assault. The threat of harm is enough. When any offensive physical contact occurs, the case becomes an assault and battery case. In Massachusetts, there are three main forms of assault:

  • Assault: in which an imminent threat to the well-being of another person is made, without physical contact. Confining someone, intimidating threats, and throwing punches without contact, or aggressively approaching someone in a way that makes them anticipate harm, all count as assault.
  • Assault And Battery: in which actual physical contact is made with another party. Even a slight touch qualifies as assault and battery if it is uninvited.
  • Assault And Battery With a Dangerous Weapon: Firearms, knives, or any other weapon, when used in a threatening or intimidating way that could cause serious harm or death, qualify. Even a vehicle can be considered a dangerous weapon if it is intended to cause harm.

The Consequences of an Assault Conviction

Assault is a serious criminal charge, and while most assaults are charged as misdemeanors, aggravating factors can increase the risk of higher penalties. For a first-time offender, fines, community service, probation, and anger management courses are often prescribed in sentencing. However, several factors can increase the degree of sentencing.

If the assault included any kind of weapon, or if the assault was carried out on someone over the age of 60, or on a pregnant person, or caused serious bodily injury, the consequences can be severe, including years of potential jail time.

A felony charge can create a permanent mark on your criminal record, impacting your ability to find employment. 6 out of 10 formerly incarcerated people are unemployed. Lack of employment can lead to recidivism, problems with finding housing, and lasting social issues that can have lifelong impacts.

Defense Strategies for Assault Cases

The burden of proof in assault cases falls on the prosecution, which must prove that the defendant engaged in willfully menacing conduct intended to make the victim feel endangered. There are several situations and defense strategies available that can help mitigate the severity of assault charges, including:

  • Castle Doctrine and Self-Defense: Self-defense is the most commonly utilized defense in Massachusetts assault cases. If the altercation happens in a public place or outside your home, both parties have a duty to retreat without using force, so long as it is safe to do so. However, if the altercation happens inside your home, you have the right to defend yourself using reasonable and proportional force.
  • Defense of Others: This scenario is most likely to occur in domestic violence scenarios or in public places where a bystander may intervene to try to interrupt a fight or protect someone from harm.
  • Mistaken Identity: If the defendant did not know the witnesses, or there were multiple people present when the altercation occurred, the defense can challenge the validity of witness testimony concerning the defendant’s identity/
  • Threatened vs Attempted Battery: Attempted battery requires proof that the defendant tried to cause harm, whereas threatened battery requires proof that the defendant engaged in objectively menacing conduct designed to make the victim fear immediate harm. The prosecution must prove the correct type, and cases have been overturned when an erroneous distinction is applied.

When your attorney at Ellison Law reviews the details of your case with you, they will seek to find avenues of defense that can bring about the most favorable outcome for your situation.

FAQs

Is Assault a Felony in Massachusetts?

Assault can become a felony charge in Massachusetts if the assault is elevated with battery charges, if the assault results in bodily harm or death, if there are aggravating circumstances, or if a dangerous weapon was present during the incident. All assault cases have the potential to face enhanced charges if there is enough evidence present to justify such charges.

What Evidence Is Needed to Prove Assault?

Establishing proof of assault involves 6 factors:

  • The existence of an act establishes that the accused committed an act.
  • The defendant acted with intention.
  • Ability to carry out the threat. Prosecutors must show that the defendant could carry out the threat.
  • Lack of consent. Prosecution must prove contact was not consensual.
  • Credible evidence supporting the charges.
  • Absence of a valid legal defense, which proves there was no justification for the act.

What’s a Worse Charge, Assault or Battery?

Any charge that involves battery increases the chances of enhanced penalties and charges. Even if the physical contact was minor in a battery case, this elevates the nature of the offense and can create a higher degree of prosecution and harsher sentencing than an assault charge alone. If you are facing either of these charges, you should engage an experienced attorney for help.

If Someone Breaks Into My House, Is It Self-Defense if I Shoot Them?

Not necessarily. Under Castle Doctrine, the nature of the defensive action must be in proportion to the threat. If someone trespasses in your home, with no intention to bring physical harm to you or your family, and you shoot or otherwise injure them, you may face assault charges. For example, if an elderly, confused person walks into your unlocked door and you assault them, you could be charged with assault and battery.

Are You Facing Assault Charges? Hire an Assault Lawyer in Fall River, MA

If you are facing assault charges, it’s vital to seek legal advice as soon as possible to protect your rights. Contact us today to schedule your initial consultation.

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