Westwood Assault Lawyer

Defending Clients Accused of Assault in Norfolk County

An assault has two possible meanings in Massachusetts. It is either (1) an attempted battery or (2) an immediately threatened battery. So, for example, an assault could be throwing a punch at someone (attempted battery) and missing (if you hit the person, it would be assault and battery). Or it could be coming at someone with fists flying or some other demonstration of an apparent intent to use immediate force on another (immediately threatened battery). Even if you never intended to actually hit the person, if that person was reasonably afraid that you were about to hit them, that can be an assault.

Common types of assault charges include:

• Assault & Battery
• Assault and Battery Causing Serious Injury
• Aggravated Assault and Battery
• Domestic Assault and Battery
• Assault and Battery on a Police Officer or Public Employee
• Assault and Battery by Means of a Dangerous Weapon
• Indecent Assault and Battery
• Assault on an Elderly Person (over 60)

If you are accused of assault, its important you seek legal counsel ASAP. Schedule your consultation by calling our firm at (617) 523-3500.

What Is Battery?

There is no separate crime of “battery” in Massachusetts. Usually, battery is any intentional unwanted or unpermitted touching of another person. The person does not need to be actually hurt in order for the touching to be a battery. There is no separate crime of “battery.” In Massachusetts, any intentional unwanted touching of another person is considered “Assault and Battery.”

What Is Considered Assault & Battery in Massachusetts?

An assault and battery is the intentional touching of another person without any right or excuse for doing so. Under some circumstances, an assault and battery can be unintentional but still criminal if it was committed by reckless conduct. If you engaged in reckless conduct (more than accidental) which caused bodily injury to another you could be charged with assault and battery.

An act is “reckless” when a reasonable person, under the circumstances as they were known to the defendant, would have recognized that such actions were so dangerous that it was very likely that they would result in substantial injury. In either case, the touching may not be merely accidental or negligent in order for it to rise to the level of criminal conduct.

What Is Assault & Battery with a Dangerous Weapon (Assault and Battery with a Deadly Weapon)?

Assault and battery with a dangerous weapon is comprised of all of the same elements as a simple assault and battery with the added element of a “dangerous weapon” being used to commit the touching. This charge is often challenged on the issue of whether the item was indeed a “dangerous weapon.” The law recognizes both “inherently” (automatic) and “non-inherently” dangerous weapons. Something is automatically considered a dangerous weapon if it is capable of causing serious injury or death (knives, guns, blunt objects etc.). The second category includes items that are normally used for innocent purposes but, as used, reasonably appear capable of causing serious injury or death (e.g. Shoe being used to kick someone. This is considered Assault and Battery with a Dangerous Weapon, th weapin being “shod foot.”).

What if the Person who was Injured Drops the Charges?

Despite what you may see on T.V., the victim cannot “drop the charges.” The prosecutor will inform the alleged victim that they may not “drop” the charges and that the decision to prosecute or not rest solely with the prosecutor. The prosecutor will sometimes consider the alleged victim’s opinion but, ultimately, the alleged victim is powerless to dismiss charges. Many times, in assault cases, the alleged victim has a privilege against self-incrimination (pleading the 5th) because of the facts or nature of the case. If this is the case, then the alleged victim may possibly be excused from testifying against the person charged. Whether or not they have such a right and whether they wish to exercise that right is something that the alleged victim should explore with an attorney in order to weigh all of the options.

What Happens if I am Arrested for an Assault Charge?

If you are arrested, you will be transported to a police station for booking and processing. You should not make any statements even if you think that you are helping yourself or explaining what “really happened.” Anything you say will be used against you. You may be permitted to post a bail and released to report to court on an assigned date. If you are not released on bail, you may be detained at the police station until you are brought to court for an arraignment.

At the arraignment, you will be informed of the specific charges you are facing and will likely get a police report explaining the claims against you. Next, you will be subject to a bail hearing, at which the court will decide whether you must post a bail in order to remain free while the case is open and, if so, how much that bail will be. At the bail hearing, you may also be ordered by the court to abide by certain conditions of release including reporting to probation or wearing a monitoring bracelet. The court will then set a future court date for additional hearings for things like discovery of evidence and filing of motions.

In addition to setting bail, the prosecutor may “move for dangerousness” or “move to revoke bail” is you have another open case. In either situation, the Judge may order that a defendant be held without bail. When facing losses to your freedom such as these, it is essential that you have experienced defense attorneys on your side.

What are the Penalties for Assault in Massachusetts?

The types of penalties for assaultive crimes (assault, assault and battery, assault and battery with a dangerous weapon, etc.) are complex and involve many variables including age of victim, mental condition of victim, and relationship to victim.

This list includes a basic outline of potential penalties for these types of crimes:

• Assault = up to 2.5 years in the house of correction
• Assault and Battery = up to 2.5 years in the house of correction.
• Assault and Battery by Means of a Dangerous Weapon = up to 2.5 years in house of correction or up to 10 years in state prison.
• Indecent Assault and Battery on a person under 14 = up to 2.5 years in the house of correction or up to 10 years in state prison.
• Indecent Assault and Battery on a person over 14 = up to 2.5 years in the house of correction or up to 5 years in state prison.
• Assault and Battery on a Police Officer = not less than 90 days and up to 2.5 years in the house of correction.
• Aggravated Assault and Battery = up to 2.5 years in the house of correction or up to 5 years in state prison.

You may also be subject to many conditions such as anger management, batterer’s programs, sex offender registration, or GPS monitoring.