Have You Been Charged with an Assault & Battery?

If you or a loved one has been charged with assault and battery in Massachusetts, you may be feeling anxious, overwhelmed, and unsure of what to do next. Concerns about jail time, a criminal record, job loss, immigration consequences, restraining orders, and damage to your reputation are serious and understandable.

Assault and battery charges can move quickly through the court system. What you say to police, whether you contact the alleged victim, and how soon you speak with an attorney can all affect the outcome of your case.

At The Law Offices of Elliot Savitz & Scott Bradley, we defend clients facing assault and battery charges throughout Boston and Massachusetts. We help clients understand their rights, evaluate the evidence, and pursue the best possible outcome.

Understanding Assault and Battery Charges

In Massachusetts, assault and battery is addressed under 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 contact does not always need to cause a serious injury. Even slight touching may lead to a charge if the Commonwealth claims it was intentional, offensive, harmful, or done without consent or legal justification.

In some cases, prosecutors may also pursue a reckless assault and battery theory if they claim the defendant acted recklessly and caused bodily injury.

For a fuller explanation of the offense, read: The Definition of Assault and Battery.

Is Assault and Battery a Misdemeanor or Felony?

A basic assault and battery charge under M.G.L. c. 265, § 13A is commonly treated as a misdemeanor. However, the case can become more serious depending on the facts.

More serious penalties may apply if the assault or assault and battery:

• Caused serious bodily injury;
• Involved a person who was pregnant, when the defendant knew or had reason to know of the pregnancy;
• Involved a person protected by certain restraining, vacate, or no-contact orders;
• Involved a dangerous weapon;
• Involved a family or household member; or
• Involved other aggravating circumstances.

Assault and battery by means of a dangerous weapon is addressed under Massachusetts General Laws Chapter 265, Section 15A. A dangerous weapon may include an object designed as a weapon, such as a knife or firearm, or an ordinary object used in a way that could cause serious bodily injury.

Because the charge and penalties depend on the exact statute and facts, it is important to review the complaint, police report, and charging documents with an experienced defense attorney.

Possible Outcomes in an Assault and Battery Case

Not every assault and battery charge results in jail time or a conviction. The outcome depends on the evidence, the alleged injury, the defendant’s record, whether there are restraining order issues, whether the alleged victim cooperates, and whether strong defenses exist.

Possible outcomes may include:

• Dismissal of the charge;
• Reduction to a lesser offense;
• Pretrial probation;
• Continuance without a finding, often called a CWOF;
• Accord and satisfaction in eligible cases;
• Probation with conditions;
• Trial; or
• Negotiated resolution.

A CWOF may help some defendants avoid a formal guilty finding under Massachusetts law if they successfully complete the required conditions. However, it is not consequence-free. A CWOF may still appear on a record, may affect employment or licensing, and may have immigration consequences for non-citizens. Anyone who is not a United States citizen should speak with a lawyer about immigration consequences before accepting any plea or CWOF.

What Is a Show Cause Hearing?

If you were not arrested for a misdemeanor assault and battery allegation, you may be entitled to a Show Cause Hearing, also known as a Clerk Magistrate’s Hearing. 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 a criminal complaint issues, unless certain exceptions apply.

At a Show Cause Hearing, a Clerk Magistrate or Assistant Clerk decides whether there is probable cause to issue a criminal complaint. The hearing can be an important opportunity to prevent the charge from moving forward to arraignment.

Possible outcomes include:

• The Clerk Magistrate finds no probable cause, and the complaint does not issue;
• The Clerk Magistrate finds probable cause and issues the complaint;
• The matter is continued for a period of time without issuing the complaint; or
• The case is resolved through an agreement, restitution, counseling, or another appropriate condition, depending on the circumstances.

If a complaint does not issue, the case does not proceed to arraignment and may not appear in the same way as a formal criminal charge. This is why early legal representation can be so valuable.

For more information, read: What Happens At A Clerk’s Hearing?

Should You Talk to Police or the Alleged Victim?

You should speak with a lawyer before making any statement to police. Even if you believe you are innocent or that the situation was a misunderstanding, your words can be used against you. A statement meant to explain your side may be interpreted as an admission of contact, intent, or involvement.

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 reaches out first, responding may create a new legal problem.

For related guidance, read: How the Fifth Amendment Protects You in Assault Cases.

Common Defenses to Assault and Battery Charges

There may be several defenses available depending on the facts of the case. A defense attorney may examine whether the Commonwealth can prove the charge beyond a reasonable doubt and whether the evidence supports the accusation.

Common 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 from harm.
• Accident: The contact was accidental, not intentional.
• 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.
• False accusation: The allegation was fabricated, exaggerated, or made during a dispute.
• Mistaken identity: The wrong person was accused.
• Insufficient evidence: The Commonwealth cannot prove the charge beyond a reasonable doubt.
• Constitutional violations: Police obtained statements, identifications, or evidence unlawfully.

For related information, visit our page on assault and battery defense.

Why You Should Contact a Criminal Defense Lawyer Quickly

An assault and battery charge can affect your record, job, family, housing, education, immigration status, firearm rights, and reputation. Even if you believe jail is unlikely, the case still deserves careful attention.

An experienced criminal defense lawyer can:

• Review the police report and charging documents;
• Explain the possible penalties and outcomes;
• Represent you at a Show Cause Hearing;
• Challenge weak or inconsistent evidence;
• Raise self-defense, accident, or lack of intent where appropriate;
• Negotiate for dismissal, reduction, or alternative resolution;
• Help you avoid statements or contact that could make the case worse; and
• Prepare for trial if the Commonwealth cannot prove the charge.

Facing an Assault and Battery Charge in Massachusetts?

If you or a loved one has been charged with assault and battery, do not assume the case will resolve itself. Early action can make a major difference, especially if there is a chance to avoid arraignment, challenge the evidence, or pursue a resolution that protects your record.

At The Law Offices of Elliot Savitz & Scott Bradley, we defend clients facing assault and battery charges throughout Massachusetts. We will quickly assess your situation, explain your options, and develop a defense strategy focused on protecting your rights and your future.

If you are facing an assault and battery charge in Massachusetts, contact us today for a confidential consultation.