Events where excessive alcohol is consumed are often flashpoints for the filing of assault charges. Concerts, sporting events, groups of belligerent college students, as well as bars and lounges are places where assault can occur. Assault charges are frequently filed in domestic violence cases.

Exactly What Does This Charge Mean?

The first thing you need to know about this crime, is the definition in Massachusetts of assault and battery. Most people think that “assaulting” someone means hitting, or striking, them. Not so. Generally speaking, “assault” consists of a threat of some type of violence, not the actual bodily contact itself. A “battery” refers to the actual physical contact of another person without his or her consent. No actual physical harm has to result for an assault & battery charge to be filed. Police Officers don’t need this to make an arrest. As long as the alleged threat (the assault) is followed by some action, such as attempting to push someone — this can be enough for police officers to make an arrest. The relevant statute in Massachusetts is chapter 265 of Massachusetts General Law. Essentially, it states that a person who commits assault or assault and battery on an individual shall be imprisoned for 2 1/2 years or less or forced to pay a fine of $1,000 or less.

Common, more serious versions of Assault & Battery Charges in Massachusetts Include:

• Aggravated Assault & Battery
• Indecent Assault & Battery
• Assault & Battery Upon a Child
• Assault & Battery with a Deadly Weapon
• Assault with Intent to Rob or Murder
• Assault with Intent to Commit a Felony

Determining whether misdemeanor or felony assault and battery charges are filed depends on factors including scope and severity of injuries, as well as whether weapons were used. This determination will depend on the circumstances surrounding the event, and whether a weapon was used in the assault. Most people think that the charge of Assault and Battery with a Deadly Weapon (ABDW) has to involve a gun, a knife or similar. Not true. ABDW can involve virtually any item that can be used as a weapon – a rock, a plate, even a shod foot. Even if a gun was not used in an assault, charges of ABDW or aggravated assault can result in time spent in jail as well as fines. A variety of issues are considered prior to the filing of a felony assault charge. Many charges of domestic violence involve assault. When one spouse, for example, throws something at the other spouse, charges of assault and battery with a deadly weapon may apply.

Regardless of whether the "weapon" is a foot or a gun, you are facing the same serious potential consequences. Assault and Battery with a Dangerous Weapon is a very serious charge in Massachusetts, and it is absolutely not a case that you can resolve on your own without tremendous risks. If charged with this crime, you are facing a substantial risk of serious time in a state prison facility.

Do not take chances. If you think that an assault charge may be filed against you, contact us for a free initial consultation to learn about your legal options. Whatever the circumstances of the assault charge, we make sure that all our clients have their rights fiercely defended.

Usually, when there is an altercation between two people and they have both been aggressors, the person who gets to the police first, and claims to have been the “victim” of the other person, is the one that isn’t arrested – even though he may have been the initial aggressor. Not fair, is it? The person arrested may be the innocent party. He or she may also have acted in self-defense, or in defense of another. These cases are very serious.

We know how to defend these cases. Usually, best way to deal with an ABDW charge is to try and get the charges reduced to simple assault (a misdemeanor). If this can be done, the chances of securing a dismissal become much greater. Also, depending upon the particular facts of your case, there may be motions that we can file to suppress certain evidence, or get the charges altogether dismissed. It may also be possible to reach a favorable plea agreement with the prosecution. Regardless, you are advised not to talk to anyone about your case until you've retained the services of a qualified Massachusetts criminal defense lawyer. If you have been charged with any level of assault, contact us for a free initial consultation. Our firm has tried many Assault and Battery, as well as Assault and Battery With a Dangerous Weapon (ABDW) cases. We practice before all District and Superior Courts in Eastern Massachusetts. Whatever the severity of the assault and battery charge, we will make sure your rights are protected. We know how to investigate these cases, locate and exploit weaknesses in the prosecution’s case, and, if necessary, we know how to negotiate your case to the least offense and penalty possible. Contact us. We can help you.