Today, on Tuesday, 29 October 2024, DISMISSED: In Commonwealth of Massachusetts v. Defendant, Docket No. 2468 CR 0575, Charges of Assault and Threatening to Commit a Crime against my client were DISMISSED on the day of trial.*
The Differences Between Assault and Battery in Massachusetts
In Massachusetts, assault and battery are two distinct crimes with different definitions, penalties, and implications. Understanding the differences between these offenses is crucial for individuals facing charges or seeking justice.
Definition of Assault
Assault, as defined under Massachusetts law (Chapter 265, Section 13A), involves:
Attempting to use force or violence against another person.
Threatening or intimidating behavior that puts the victim in fear of imminent harm.
Assault can be charged as:
Simple Assault (misdemeanor): punishable by up to 2.5 years in jail and/or fines.
Aggravated Assault (felony): punishable by up to 5 years in state prison and/or fines.
Definition of Battery
Battery, under Massachusetts law (Chapter 265, Section 13A), involves:
Unlawful physical contact or touching.
Intentional and harmful or offensive contact.
Battery can be charged as:
Simple Battery (misdemeanor): punishable by up to 2.5 years in jail and/or fines.
Aggravated Battery (felony): punishable by up to 5 years in state prison and/or fines.
Key differences:
Intent: Assault requires intent to harm or threaten, while battery requires intent to make physical contact.
Physical contact: Battery involves physical contact, whereas assault may not.
Severity: Aggravated offenses carry harsher penalties.
Penalties and Sentencing
Penalties vary depending on:
Severity of injury.
Prior convictions.
Relationship between parties.
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.
Resources:
Massachusetts General Laws: Chapter 265.
Massachusetts Bar Association.
National Domestic Violence Hotline (1-800-799-7233).
Please note that this information is for general purposes only and not intended as legal advice. Consult a qualified attorney for specific guidance.
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