Are You Charged with Assault & Battery?
Assault & Battery in Massachusetts?
If you have been arrested or summoned to court for assault and battery in Massachusetts, you may be worried about your record, your job, your family, and your future. Being charged does not mean you are guilty. It means the Commonwealth has accused you of a crime and must prove the charge beyond a reasonable doubt.
Assault and battery cases can arise from many different situations. You may have acted in self-defense, been falsely accused, been misidentified, or been involved in a misunderstanding that escalated quickly. Whatever the circumstances, the charge should be taken seriously because a conviction can have long-term consequences.
At The Law Offices of Elliot Savitz & Scott Bradley, we defend clients facing assault and battery, domestic assault and battery, aggravated assault-related charges, restraining order issues, and other criminal allegations throughout Boston and Massachusetts.
What Is Assault and Battery in Massachusetts?
Assault and battery is governed by Massachusetts General Laws Chapter 265, Section 13A. A basic assault or assault and battery charge may be punished by up to 2.5 years in a house of correction or a fine of up to $1,000.
Assault and battery generally involves unlawful physical contact. The touching does not always need to cause serious injury. In some cases, even slight contact may support a charge if prosecutors claim it was intentional, harmful, offensive, or done without consent or legal justification.
Massachusetts law also recognizes reckless assault and battery in certain circumstances. That means prosecutors may claim the defendant acted recklessly and caused bodily injury, even if they cannot prove the defendant specifically intended to injure the alleged victim.
For a broader explanation, read: The Definition of Assault and Battery.
Does an Assault and Battery Charge Mean You Are Guilty?
No. An assault and battery charge is only an accusation. The Commonwealth must prove every element of the offense beyond a reasonable doubt. Depending on the facts, there may be strong defenses available.
Possible defenses may include:
- Self-defense: You used reasonable force to protect yourself from immediate harm.
- Defense of another person: You acted to protect someone else.
- Accident: The contact was accidental, not intentional.
- False accusation: The allegation was exaggerated, fabricated, or made during a dispute.
- Mistaken identity: A witness or alleged victim identified the wrong person.
- Lack of bodily injury: The evidence does not support a reckless assault and battery theory.
- Consent or legal justification: The contact was not unlawful under the circumstances.
- Insufficient evidence: The Commonwealth cannot prove the charge beyond a reasonable doubt.
Potential Consequences of an Assault and Battery Charge
An assault and battery charge can affect more than the immediate court case. Depending on the facts, the alleged victim, and the outcome, possible consequences may include:
- Jail or house of correction time;
- Fines and court costs;
- Probation;
- No-contact orders;
- Restraining order issues;
- Restitution or counseling conditions;
- A criminal record if convicted;
- Employment and housing consequences;
- Professional licensing concerns;
- Firearm consequences in certain cases;
- Immigration consequences for non-citizens; and
- Damage to your reputation and future opportunities.
If you are not a United States citizen, you should speak with an attorney before accepting any plea, admission, or continuance without a finding. Immigration consequences can be complex and may depend on the exact charge, facts, sentence, and immigration status.
How Can We Help If You Are Charged with Assault and Battery?
If you are facing an assault and battery charge, you need a defense strategy based on the specific facts of your case. At The Law Offices of Elliot Savitz & Scott Bradley, we do not assume that the police report tells the whole story. We carefully review the evidence, identify weaknesses in the prosecution’s case, and work to protect your rights from the beginning.
Our defense work may include:
- Reviewing the police report and charging documents;
- Obtaining witness statements, video footage, 911 recordings, or body camera footage;
- Identifying evidence of self-defense or defense of another person;
- Challenging false, exaggerated, or inconsistent statements;
- Investigating whether you were misidentified;
- Reviewing whether police obtained statements or evidence unlawfully;
- Filing motions to dismiss or suppress evidence where appropriate;
- Negotiating with the prosecutor for dismissal, reduction, or alternative resolution; and
- Preparing for trial if the Commonwealth cannot prove the charge.
What If You Were Not Given a Clerk’s Hearing?
If you were not arrested and the charge is a misdemeanor, you may have been entitled to a Clerk Magistrate’s Hearing, also called a Show Cause Hearing, before a criminal complaint issued. Under Massachusetts General Laws Chapter 218, Section 35A, a person who has not been arrested for a misdemeanor is generally given an opportunity to be heard before process issues, unless certain exceptions apply.
If you were denied a hearing that should have been provided, your attorney may review whether there is a basis to challenge the complaint or seek dismissal. These issues are fact-specific and should be reviewed promptly.
For related information, read: What Happens At A Clerk’s Hearing?
Can an Assault and Battery Case Be Resolved Without a Conviction?
In some cases, yes. Depending on the facts, the strength of the evidence, the alleged injury, the defendant’s record, and the court involved, an assault and battery case may be resolved through dismissal, pretrial probation, reduction of the charge, accord and satisfaction in eligible cases, or a continuance without a finding.
However, no outcome is guaranteed. The best approach depends on the evidence and the legal options available. An experienced defense attorney can help you understand whether a negotiated resolution, motion practice, or trial is the strongest path.
Do Not Speak to Police or Contact the Alleged Victim Without Legal Advice
If you have been charged with assault and battery, do not try to explain your side to police without first speaking with an attorney. Even statements made with good intentions can be used against you later.
You should also avoid contacting the alleged victim if there is a no-contact order, restraining order, or bail condition in place. Even if the alleged victim contacts you first, responding may create additional legal problems.
For related guidance, read: How the Fifth Amendment Protects You in Assault Cases.
Facing an Assault and Battery Charge in Massachusetts?
An assault and battery charge can affect your freedom, record, employment, family, and reputation. The sooner you speak with an attorney, the sooner your defense can begin.
At The Law Offices of Elliot Savitz & Scott Bradley, we defend clients facing assault and battery charges throughout Massachusetts. We will review your case, explain your options, and develop a defense strategy focused on protecting your future.
If you are charged with assault and battery in Massachusetts, contact us today for a confidential consultation.
