If you are charged with an Assault and Battery it is important that you reach out to an experienced Massachusetts criminal defense attorney to help you craft a defense strategy for your case. Assault and Battery is a misdemeanor offense in the Commonwealth of Massachusetts. It is a serious charge that has the potential consequences of going to jail, facing probation, potential fines and fees and a criminal conviction. However, it is one of the most common crimes in the Massachusetts court system. Attorney David Ellison is a Massachusetts assault crimes lawyer, who has handled many different types of assault cases throughout the Commonwealth of Massachusetts in both the District and Superior courts.
What are the Penalties for Assault and Battery (A&B)?
up to 2 and a half years in the House of Correction (county jail)
up to a $1,000 Fine
What are the Elements of an Assault and Battery (A&B)?
In order to prove an intentional assault and battery, the prosecution has to prove you did the following three things:
1) that you touched the person of another;
2) that you intended to touch the person; and
3) that the touching was either likely to cause bodily harm or it was an offensive touching.
What are Some Defenses for Assault and Battery (A&B)?
There are many different defenses to Massachusetts Assault and Battery and each case requires a unique defense. However, some common defenses to Assault and Battery are
- Self Defense
- Defense of Another
- It Never Happened
- The touching was Not Offensive
- There was No Intent to Touch the Person
- It was an Accident
What are the Laws for Assault and Battery (A&B)?
Assault and Battery comes from Massachusetts General Laws chapter 265 section 13A(a), which states "Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000. A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons."
Commonwealth v. Burke, 390 Mass. 480, 484 (1983) (in a prosecution for a nonharmful battery, the Commonwealth must prove that the touching was nonconsensual)
Commonwealth v. Colon, 81 Mass. App. Ct. 8 (offensive battery requires proof that the defendant intentionally touched the victim and that the touching, however slight, occurred without the victim's consent);
Commonwealth v. Hartnett, 72 Mass. App. Ct. 467, 477 (2008) (“what makes the touching offensive is not that it is an affront to the victim's personal integrity as the defendant posits, but only that the victim did not consent to it. Nothing more is required.”)
If you or a loved one are charged with Assault and Battery and are in need of a Massachusetts criminal defense attorney, please contact Massachusetts Assault and Battery Attorney David Ellison today at 401-230-5520.