AGGRAVATED ASSAULT AND BATTERY

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A person in Massachusetts can be charged with an Aggravated Assault, an Aggravated Battery or an Aggravated Assault & Battery.  Aggravated Assault & Battery is a statutory offense that falls under Chapter 265, Section 13A of the Massachusetts General Laws.    Like an Assault & Battery, it is comprised of an assault and a battery.  However, similar to an Assault & Battery With a Dangerous Weapon, an Aggravated Assault & Battery is a felony.   Therefore, you can be sentenced to a term in state prison.

 

Aggravated Assault

 

Black’s Law Dictionary says that a person is guilty of Aggravated Assault, if he/she:

Attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life.

You can also be charged with an Aggravated Assault if you knowingly attempt to injure someone with a deadly weapon.

Aggravated Battery

 

Aggravated Battery is defined by Black’s Law Dictionary as:

An unlawful application of force to another characterized by unusual or serious consequences or attending circumstances such as a dangerous weapon.

 

Aggravated Assault & Battery

In order to be found guilty of Aggravated Assault and Battery, it must be proved beyond a reasonable doubt that:

  • The victim suffered serious bodily injury, which means that the injury resulted in permanent bodily disfigurement, loss or impairment of a bodily function or organ, or an injury that posed a substantial risk of death,
  • The victim was pregnant and that the pregnancy was known to the perpetrator, or
  • A harassment prevention order or an abuse prevention order had been issued by the victim against the perpetrator.

If the Defendant has been previously convicted of Rape, Indecent Assault and battery,  Drugging for Sex, Assault with Intent to Commit Rape, Unnatural and Lascivious Acts, or Kidnapping, or if the victim is disabled or 60 years of age or older, General Laws Chapter 265, Section 13H provides for an aggravated form of an Assault & Battery.

Defense Strategies

However, as bad as it may sound, all is not lost.  Depending on the specific facts of your case, your Massachusetts criminal lawyer can file a number of motions, including motions to dismiss for failure to establish probable cause and motions to suppress evidence.

In addition, your attorney can negotiate with the District Attorney to reduce the charges or minimize the penalty.  He/she may also get the alleged victim to drop the complaint through an Accord & Satisfaction, Restitution, Fifth Amendment or Spousal Privilege.

Perhaps it was a misunderstanding that led to an Aggravated Assault and Battery or perhaps it was in self-defense.  No matter what the case, do not face a charge of Aggravated Assault & Battery alone.  You need the help of a Massachusetts criminal defense lawyer to protect your rights and analyze every aspect of your case, ensuring the best result possible.

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