This week on Monday, 15 May 2023, DISMISSED: In Commonwealth of Massachusetts v. Defendant, Docket No. 23 DL 0044 WC, Charges of Assault and Battery (A&B) against my client were DISMISSED.*
What is the law for Assault and Battery in Massachusetts, Hire an Attorney Who Knows. Simply defined an assault and battery is ANY offensive touching, any unpermitted touching or any touching that could have caused harm. In this instance knowledge of the law was important, but knowledge of the court system and how they prosecute these matters was more important.
My client actually committed an “offensive touching” by striking another individual. However, we were able to convince the magistrate that my client who was young and dealing with a variety of other issues had actually engaged upon a path of treatment likely to prohibit any further assaultive behavior. Thus, the court, giving my client the benefit of the doubt, found NO PROBABLY CAUSE to issue a criminal complaint.