Aggravated Assault and Battery
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.
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 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 for Aggravated Assault and Battery
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.
ADDITIONAL LEGAL SERVICES
“I really wanted to thank you so much. I cannot thank you enough. You were always there to fulfill whatever was required by the court.”
“I cannot begin to tell you how much I’ve appreciated your most sincere guidance & support. This has been one of the most difficult years we’ve been through with our son. We could not have hoped for a more positive outcome.”
“Dear Mr Savitz, Thank you so much for all your hard work, as well as your persistence on my case. I really appreciate your sensitivity in dealing with me on this matter. I feel good about the outcome of my case and am grateful to you for resolving it quickly.”
“I wanted to thank you again. I’m at the end of my probation period. I could not have done it without you. You were such a great support. I just want to let you know I appreciated everything you did.”
“Dear Elliot, Just a short note filled with heartfelt thanks for your help and support in my defense during my court appearance. I can’t begin to express how grateful I am knowing this foolish incident and its aftermath is finally over. Thank again, so very much.”
“We were absolutely astonished and very grateful for how Elliot handled our son’s case and would highly recommend him to anyone who is in need of legal council!”
“Thank you for representing me in court. Everything worked out for the better. I have been attending all my AA meetings, consulting at Catholic Charities and meeting with my probation officer. I haven’t had a drink since the day I went to court and everything is great at home.”
“Dear Elliot, People are not immune to the ‘fortune’ in their life. The bright side is that someone is out there to save them. You are the person saving my fate. You represent ‘integrity and justice.’ You are the best lawyer on earth.”
“I’m sitting here thinking about what a remarkable victory you pulled off. I just had to let you know that it was an outstanding victory. Well done.”
THERE IS NO CHARGE FOR YOUR INITIAL CONSULTATION.
Call (781) 974-3429 & Take the 1st Step to Developing a Winning Strategy.
If you are facing criminal charges, call The Law Offices of Elliot Savitz & Scott Bradley, at (781) 974-3429.
We are available 24/7 and can assess your criminal charges over the phone to quickly determine your best course of action. Then, our law office will represent you in court as we fight together against your charges.
ATTORNEY CLIENT PRIVILEGE protects your conversation, so you can be open and honest with Attorneys Savitz & Bradley whatever the charge or charges. We are genuinely committed to protecting your rights and will always act in your best interest.