What Constitutes Assault in Massachusetts?

What are the assault laws in Massachusetts? What steps should you take if you face an assault charge in this state? What are the best defenses against an assault charge, and when should you contact a Woburn assault attorney? The law in Massachusetts defines assault as:

  1. an effort to use force against another person, or
  2. an expression of the intention to use force against another person

Even if you do not touch someone else physically, you could face an assault charge. For example, throwing a punch that misses constitutes assault in Massachusetts. Balling up your fist and threatening someone also constitutes assault.

How is Assault Linked to Battery Under Massachusetts Law?

“Battery” is physical contact with someone else without that individual’s consent. No physical harm has to result for an “assault and battery” charge to be filed. However, there is no separate battery charge in Massachusetts. Assault or assault and battery charges in this state include:

  1. Simple assault is a misdemeanor offense in Massachusetts. Simple assault and battery is also considered a misdemeanor. A conviction for either offense is punishable with up to two and a half years in a house of correction and/or a fine of up to $1,000.
  2. Aggravated assault and battery is a felony charge in this state. Assault and battery using a deadly weapon is also a felony. A conviction for either offense is punishable with up to ten years in prison and/or a fine of up to $5,000.
  3. Assault with the intent to commit a felony, assault and battery upon a child, and assault with intent to rob or murder are also felonies punishable on conviction with up to ten years in prison and/or a fine of up to $5,000.

If you discharge a firearm during an assault, you may face up to twenty years in prison. “Assault with the intent to commit a felony” is a charge meant to cover all other cases where a person assaults someone with the intention to commit a felony not mentioned in another assault law.

Penalties imposed by the court are not the only penalties a convicted offender may face. If you hold a professional license in Massachusetts, your state professional licensing board may take disciplinary action. If you are not a U.S. citizen, a conviction may prompt a removal proceeding.

What Factors Influence Sentencing in Massachusetts Assault Cases?

The sentences that Massachusetts judges hand down in individual assault cases depend on the answers to these questions:

  1. Was a weapon used? The use of a deadly weapon during an assault or assault and battery increases the charge’s severity and the potential penalties for a conviction.
  2. How seriously was the victim injured? Serious bodily injuries usually result in harsher penalties for a conviction.
  3. Was a protective order in effect? If the victim obtained a protective order against the defendant, and that order was in effect when the offense was committed, even a simple assault may be prosecuted as a felony.
  4. Who was the victim? An assault victim’s status may increase the charge’s severity and the potential penalties for a conviction if the victim was pregnant, elderly, disabled, a child, a family member, or a public employee.
  5. Does the defendant have previous criminal convictions? Prior convictions for similar offenses usually increase the penalties for a new conviction.

When Will You Need an Attorney?

If police officers arrest you for assault or assault and battery, contact a Woburn assault lawyer at once. Take advantage of your right to remain silent and do not answer questions from the police unless and until your defense attorney is present.

You can say, for instance, “I prefer to answer no questions until my lawyer can be here,” and say no more. Your defense lawyer will examine the case, scrutinize the state’s evidence, speak with witnesses, and advise you about your options and rights.

Your Woburn assault lawyer may work out a plea agreement with the prosecutor if the evidence against you is overwhelming. In most cases, if you accept a plea agreement, you’ll plead guilty to a lesser charge and, in exchange, receive alternative or reduced sentencing.

What Are the Defenses Against Assault Charges?

However, you should not agree to a plea deal if you are innocent (except in rare situations and with your lawyer’s recommendation). Instead, if the charge against you cannot be dropped by the state or dismissed by the court, assert your right to a trial by jury. At an assault or assault and battery trial, your Woburn assault attorney may present one of these defenses:

  1. Self-defense: Self-defense is the most common defense in assault and assault and battery cases. A defendant may be acquitted if he or she acted in self-defense on a reasonable belief that he or she was in imminent peril.
  2. Defense of others: You may also be acquitted if you used reasonable force to protect another person you believed was in immediate danger.
  3. Lack of evidence: Your criminal defense attorney should ask the court to dismiss the case if the prosecution cannot produce evidence to prove the assault or assault and battery charge.
  4. Misidentification or fabrication: In some assault and assault and battery cases, the authorities have misidentified the defendant. In other cases, no assault took place, and the accusation against the defendant has been fabricated.

Assault is a serious crime. You could lose your freedom – and possibly your family and career – if you receive an assault or assault and battery conviction. If you face an assault or assault and battery charge in Massachusetts, seek an attorney’s help and call Contant Law immediately.

Bring Your Assault Case to Contant Law

If you face an assault or assault and battery charge in this state, you will need the aggressive, effective defense representation and sound legal advice that the team at Contant Law provides.

At Contant Law, award-winning Massachusetts attorney Michael A. Contant leads a team committed to outstanding client service and legal excellence. We represent those accused of assault, assault and battery, drug crimes, theft crimes, and other violations of Massachusetts law.

If you face an assault or assault and battery charge in this state, schedule a free, in-depth case evaluation as quickly as possible by calling Contant Law at 617-221-8221. We know how to bring your assault or assault and battery case to its best possible conclusion.