Assault and Battery Causing Serious Bodily Injury is a felony that can have serious repercussions. If you are charged with Assault and Battery Causing Serious Bodily Injury, you could potentially end up a convicted felon, go to jail, be on probation or face costly fines and fees. You do not have to fight this charge alone; you can hire an experienced Massachusetts criminal defense attorney to represent you on your case. Attorney David Ellison has represented numerous clients on various assault cases in his career, including Assault and Battery Causing Serious Bodily Injury.
WHAT ARE THE PENALTIES FOR ASSAULT AND BATTERY CAUSING SERIOUS BODILY INJURY?
The penalties for assault and battery causing serious bodily injury include:
- State Prison for no more than 5 years
- House of Correction for no more than 2.5 years
- A Fine of up to $5,000
- Possible Probation
- Potential Felony Conviction
WHAT ARE THE ELEMENTS OF ASSAULT AND BATTERY CAUSING SERIOUS BODILY INJURY?
There are two sets of elements that the prosecution may have to prove for an assault and battery causing serious bodily injury.
The elements for intentional assault and battery causing serious bodily injury are:
- You touched the alleged victim;
- You intended to touch the alleged victim; and
- That alleged touching caused serious bodily injury to the alleged victim.
The elements for reckless assault and battery causing serious bodily injury are:
- You engaged intentionally engaged in actions which caused serious bodily injury to the alleged victim; and
- Your actions amounted to reckless conduct.
WHAT IS A TOUCHING FOR ASSAULT AND BATTERY?
A touching is any physical contact, no matter how minor in severity. Commonwealth v. Colon, 81 Mass. App. Ct. 8. A touching can be direct, such as when a person physically hits another with a closed fist. Or a touching can be indirect, such as when a person sets in motion a force or instrumentality that strikes another like spraying of pepper spray.
WHAT IS A SERIOUS BODILY INJURY FOR ASSAULT AND BATTERY CAUSING SERIOUS BODILY INJURY?
Under Massachusetts law, a serious bodily injury is one which results in:
- Permanent disfigurement
- Loss or impairment of a bodily function, limb, or organ.
- Or a substantial risk of death.
WHAT IS THE IMPAIRMENT OF A BODILY FUNCTION?
The impairment of a bodily function occurs when a part, portion, or system of the body, other than an organ or limb is significantly impeded in its ability to fulfill its role. Such as the paralysis of someone's legs or lower body.
WHAT IS THE IMPAIRMENT OF A LIMB?
The impairment of a limb arises when, because of significant damage to its structure, its capacity to perform its usual function is compromised.
WHAT IS THE IMPAIRMENT OF AN ORGAN?
The impairment of an organ occurs when damage to the structure of the organ is significant enough to compromise its ability to perform its function in the victim's body.
WHAT IS RECKLESS CONDUCT?
To prove that your actions rose to the level of reckless conduct the prosecution must show that your actions went beyond that of mere negligence (negligence is acting in a way that a reasonably careful person would not.) Additionally, you have acted recklessly if you knew, or should have known that your actions were very likely to cause substantial harm to another person, but you did it anyways.
WHAT ARE SOME STRATEGIES TO AN ASSAULT AND A BATTERY CAUSING SERIOUS BODILY INJURY CHARGE?
Some defenses include:
- Defense of Another
- This never happened
- There was no serious bodily injury
However, there is never a one size fits all criminal defense strategy. If you or a loved one have been charged with assault and battery causing serious bodily injury, you do not have to fight your case alone. Attorney David Ellison is an experienced criminal defense attorney who has defended numerous assault and battery cases, including Assault and Battery Causing Serious Bodily Injury, throughout the Commonwealth of Massachusetts. Contact David today at (401)-230-5520.