Understanding Aggravated Assault in Massachusetts

Understanding Aggravated Assault in Massachusetts

In Massachusetts, individuals can be charged with serious offenses such as Aggravated Assault, Aggravated Battery, or Aggravated Assault & Battery. These charges carry significant consequences, including potential prison sentences. Understanding these charges and their implications is crucial for anyone facing them.

Aggravated Assault & Battery: A Felony Offense

Aggravated Assault & Battery falls under Chapter 265, Section 13A of the Massachusetts General Laws. Unlike simple Assault & Battery, which involves physical contact or the threat thereof, Aggravated Assault & Battery is a felony and can result in state prison time. This offense includes elements of both assault and battery but is elevated due to certain aggravating factors.

What Constitutes Aggravated Assault?

According to Black’s Law Dictionary, Aggravated Assault occurs when a person:

  • Attempts to cause serious bodily injury to another person, or does so purposely, knowingly, or recklessly under circumstances showing extreme indifference to human life.
  • Knowingly attempts to injure someone with a deadly weapon.

These factors distinguish Aggravated Assault from simple assault, making it a more serious offense.

Defining Aggravated Battery

Black’s Law Dictionary defines Aggravated Battery as:

  • The unlawful application of force to another person, characterized by unusual or serious consequences, or involving circumstances such as the use of a dangerous weapon.

Aggravated Battery is a step above simple battery due to the severity of the consequences or the involvement of a weapon.

Aggravated Assault & Battery: Legal Requirements for Conviction

To secure a conviction for Aggravated Assault & Battery, the prosecution must prove beyond a reasonable doubt that:

  • The victim suffered serious bodily injury, leading to permanent disfigurement, loss or impairment of a bodily function or organ, or an injury posing a substantial risk of death.
  • The victim was pregnant, and the perpetrator was aware of the pregnancy.
  • There was an existing harassment prevention order or abuse prevention order against the perpetrator issued by the victim.

Additionally, if the defendant has prior convictions for serious offenses such as Rape, Indecent Assault and Battery, or if the victim is disabled or over 60 years old, the charges can be further aggravated under General Laws Chapter 265, Section 13H.

Defense Strategies for Aggravated Assault and Battery

Facing charges of Aggravated Assault and Battery can be daunting, but it’s important to remember that all is not lost. A skilled Massachusetts criminal defense lawyer can employ various defense strategies, including:

  • Filing motions to dismiss the case for lack of probable cause.
  • Filing motions to suppress evidence that was improperly obtained.
  • Negotiating with the District Attorney to reduce charges or penalties.
  • Using legal mechanisms like Accord & Satisfaction, Restitution, Fifth Amendment, or Spousal Privilege to have the complaint dropped.

In some cases, misunderstandings or acts of self-defense might have led to the charges. Regardless of the circumstances, it’s crucial not to face these charges alone. A knowledgeable criminal defense attorney can protect your rights, scrutinize every detail of your case, and strive for the best possible outcome.

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Assault & Battery Defense

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.

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