In Massachusetts, assault and battery are treated as separate but often related criminal offenses. Assault typically refers to the threat or attempt to cause physical harm, while battery involves actual physical contact or harm. The penalties for assault and battery convictions vary depending on the severity of the crime, the presence of any aggravating factors, and whether the victim belongs to a protected class (e.g., elderly, disabled, or pregnant).

Here’s a general breakdown of the penalties:

1. Simple Assault and Battery (A&B)
Definition: Involves intentional and unjustified physical contact or the threat of it without causing serious injury.
Penalties:
Misdemeanor
Up to 2.5 years in a House of Correction (county jail)
Possible fines (usually up to $1,000)

2. Aggravated Assault and Battery
Definition: A more serious version of assault and battery that involves factors like causing serious bodily harm, or the assault being carried out with a dangerous weapon (even if no injury occurs).
Penalties:
Felony
Up to 5 years in state prison or up to 2.5 years in a House of Correction
Potential higher fines, depending on circumstances

3. Assault and Battery on a Police Officer
Penalties:
Up to 2.5 years in a House of Correction
Fines of up to $5,000
Assault with a dangerous weapon or serious injury can result in up to 10 years in state prison

4. Assault and Battery on a Family/Household Member (Domestic A&B)
Penalties:
Up to 2.5 years in a House of Correction
Completion of a certified Batterer’s Intervention Program

5. Assault and Battery with a Dangerous Weapon (ABDW)
Definition: Assault and battery involving the use of a weapon (e.g., gun, knife, bat).
Penalties:
Felony
Up to 10 years in state prison or 2.5 years in a House of Correction
If the victim suffers serious bodily harm, the sentence can extend to 15 years.

6. Assault and Battery on Vulnerable Victims
Victims Include:
Elderly (aged 60 and above)
Children (under age 14)
Pregnant women
Disabled persons
Penalties:
Enhanced penalties, often including up to 5 years in state prison for felony-level offenses.

7. Strangulation or Suffocation (often paired with assault)
Penalties:
Up to 5 years in state prison
Up to 2.5 years in a House of Correction
Enhanced penalties for repeat offenses or cases involving serious injury.

8. Assault with Intent to Murder
Penalties:
Felony
Up to 20 years in state prison

9. Assault and Battery with Serious Bodily Injury
Penalties:
Up to 15 years in state prison
Other Potential Consequences:
Probation: In some cases, first-time offenders may receive probation instead of incarceration, often with conditions such as counseling, anger management, or community service.
Restitution: Convicted individuals may be ordered to pay restitution to victims for medical expenses, property damage, or other costs resulting from the assault.
Factors that Affect Sentencing:

Criminal history: Prior convictions can lead to harsher sentences.
Severity of the injuries: Greater harm to the victim results in longer sentences.
Use of weapons: Involvement of weapons almost always leads to enhanced penalties.
Victim’s status: Assaulting a police officer, elderly person, or someone in another protected class often results in stricter punishment.
Massachusetts courts take assault and battery charges very seriously, and the penalties reflect the state’s commitment to protecting victims from physical harm.

I have been defending those accused of Assault and Battery in Massachusetts for over Thirty (30) years. I have been named a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell, I have been named a “Top Tier Lawyer” by the American Trial Academy and I have won over Ninety Percent (90%) of my trials.*

This blog is not intended to be legal advice, if you have been charged with Assault and Battery or Domestic Assault and Battery (A&B, Domestic A&B, Domestic Violence) or any other crime in Massachusetts you should call an experienced and successful Defense lawyer immediately. Call Mike Now at: (508) 393-4162.