Massachusetts Assault and Battery Defense Lawyers

Have You Been Charged with Assault or Battery in Massachusetts?

At the Law Office of Frank D. Camera and Associates, we understand that good people sometimes find themselves in difficult situations. We also understand that good people make mistakes.

If you or someone you love has been charged with assault or battery in Massachusetts, you must take the charges very seriously. The penalties for a conviction can be severe, and a conviction will create a criminal record that will follow you for the rest of your life.

The good news is that you are innocent until proven guilty, and you have the right to a vigorous defense. Our experienced criminal defense lawyers are here to protect your rights, fight the charges, and help you avoid the serious consequences of a conviction.

To find out how we can help you, call us at (877) 444-1098 or contact us online for a free, confidential consultation. 

What Is the Difference Between Assault and Battery in Massachusetts?

In Massachusetts, the criminal offenses of “assault” and “battery” are defined separately under state law. While they are related, they are not the same thing, and they carry different penalties.

Under Massachusetts law, assault is defined as “an intentional act that causes a reasonable apprehension of immediate harmful or offensive touching.” In other words, assault is the act of putting someone in fear of physical harm. You do not actually have to touch the other person to be charged with assault.

Battery is defined as “an intentional, unconsented-to touching of another person that causes bodily harm or is offensive to a reasonable person.” In other words, battery is the act of touching someone in a harmful or offensive way. You do not have to cause physical harm to be charged with battery.

In Massachusetts, assault and battery is a separate criminal offense. It is defined as “an intentional, unconsented-to touching of another person that causes bodily harm or is offensive to a reasonable person.” In an assault and battery case, the prosecution must prove that you intentionally touched the other person and that the touching was harmful or offensive.

To be convicted of assault and battery, the prosecution must also prove that you did not have the other person’s consent to touch them. If you were acting in self-defense, for example, this could provide a complete defense to the charges.

What Are the Legal Consequences of Assault and Battery Charges in Massachusetts?

The legal consequences of an assault and battery conviction in Massachusetts depend on the specific allegations against you. If you are charged with simple assault and battery, then you will be facing a misdemeanor charge. If you are charged with aggravated assault and battery, then you will be facing a felony charge.

1. Simple Assault and Battery

• Simple assault and battery is a misdemeanor offense under Massachusetts law. If you are convicted of simple assault and battery, you can face up to 2.5 years in jail and a fine of up to $1,000.

2. Aggravated Assault and Battery

• Aggravated assault and battery is a felony offense under Massachusetts law. If you are convicted of aggravated assault and battery, you can face up to 5 years in prison and a fine of up to $5,000.

If you are charged with assault and battery on a family or household member, then you will be facing a felony charge as well. However, the potential penalties are much more severe.

• If you are convicted of assault and battery on a family or household member in Massachusetts, you can face up to 2.5 years in jail and a fine of up to $5,000.
• If you have a prior conviction, then you can face up to 5 years in prison and a fine of up to $10,000.
• If you have two prior convictions, then you can face up to 5 years in prison and a fine of up to $15,000.

In addition to these penalties, a conviction for assault and battery in Massachusetts can have collateral consequences as well. These can include loss of employment and difficulty finding a job, being unable to obtain a professional license, and being unable to secure housing.