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Massachusetts Assault and Battery Causing Serious Bodily Injury Lawyer

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Massachusetts Assault and Battery Causing Serious Bodily Injury Attorney

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. Ellison Law LLC has lawyers who have represented numerous clients on various assault cases, including Assault and Battery Causing Serious Bodily Injury.

What Are The Penalties For Assault And Battery Causing Serious Bodily Injury In Massachusetts?

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 In Massachusetts?

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:

  1. You touched the alleged victim;
  2. You intended to touch the alleged victim; and
  3. That alleged touching caused serious bodily injury to the alleged victim.

The elements for reckless assault and battery causing serious bodily injury are:

  1. You engaged intentionally engaged in actions which caused serious bodily injury to the alleged victim; and
  2. Your actions amounted to reckless conduct.

What Is A Touching For Assault And Battery In Massachusetts?

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 In Massachusetts?

Under Massachusetts law, a serious bodily injury is one which results in:

  1. Permanent disfigurement
  2. Loss or impairment of a bodily function, limb, or organ.
  3. Or a substantial risk of death.

What Is The Impairment Of A Bodily Function In Massachusetts?

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 In Massachusetts?

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 In Massachusetts?

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 In Massachusetts?

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 In Massachusetts?

Some defenses include:

  • Self-Defense
  • 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.

Ellison Law LLC has experienced criminal defense attorneys who have defended numerous assault and battery cases, including Assault and Battery Causing Serious Bodily Injury, throughout the Commonwealth of Massachusetts. Contact Ellison Law LLC online or at 401-230-5520.

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1000 Chapel View Blvd., Suite 260
Cranston, RI 02920

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

1000 Chapel View Blvd. Suite 260
Cranston, RI 02920

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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