Your Rights If Arrested for Assault and Battery in Massachusetts

If you are arrested for assault and battery in Massachusetts, what you do next matters.

An arrest does not mean you are guilty, but statements you make, missed court dates, contact with an alleged victim, or violations of release conditions can seriously affect your case.

At The Law Offices of Elliot Savitz & Scott Bradley, we represent people charged with assault and battery, domestic violence-related assault, restraining order violations, and other criminal charges throughout Massachusetts.

What Is Assault and Battery?

In Massachusetts, assault and battery are related but distinct concepts. Assault generally involves either an attempted battery or conduct that reasonably places another person in fear of immediate physical harm. Battery generally involves intentional, unjustified physical contact, even if the contact does not cause serious injury.

Massachusetts law punishes assault and assault and battery under Massachusetts General Laws Chapter 265, Section 13A.

Your Rights If Arrested

1. Right to remain silent: You do not have to answer police questions about the allegation. Anything you say may be used against you later.
2. Right to an attorney: You have the right to speak with a lawyer and to have legal representation during the criminal process.
3. Right to be brought before the court: After arrest, you may be released on bail or personal recognizance, or you may be held to appear before the court for arraignment.
4. Right to challenge the evidence: A defense attorney may be able to challenge witness statements, police reports, probable cause, identification, self-defense issues, or other evidence.

Mass.gov explains that after an arrest, a bail magistrate may review whether the person can be released or whether the person will remain in custody until arraignment. You can review the official Massachusetts overview of the bail process from arrest to arraignment.

Steps to Take After an Assault and Battery Arrest

1. Stay calm and comply with lawful instructions: Do not resist arrest, argue with officers, or make the situation worse.
2. Use your right to remain silent: Politely say that you want to speak with an attorney before answering questions.
3. Do not contact the alleged victim if prohibited: If there is a no-contact order, restraining order, bail condition, or domestic violence condition, follow it exactly.
4. Keep all paperwork: Save your police paperwork, bail paperwork, court notices, and any no-contact or release conditions.
5. Contact an attorney immediately: Early legal help can affect bail, arraignment, evidence preservation, witness issues, and possible outcomes.

Penalties for Assault and Battery in Massachusetts

The potential penalties depend on the specific charge and facts of the case.

• Simple assault or assault and battery: Up to 2½ years in the house of correction or a fine of up to $1,000.
• Aggravated forms under Section 13A: If the assault and battery causes serious bodily injury, involves a person known or reasonably known to be pregnant, or involves certain restraining/no-contact order circumstances, penalties may include up to 5 years in state prison, up to 2½ years in the house of correction, a fine of up to $5,000, or both fine and imprisonment.
• Assault and battery on certain public employees: Separate Massachusetts laws may apply when the alleged victim is a police officer, public employee, or other protected person.

Because assault-related charges can vary significantly, it is important to review the exact statute listed on the complaint or police paperwork.

What If the Case Involves Domestic Violence?

If the allegation involves a spouse, dating partner, household member, family member, or someone covered by Massachusetts domestic violence laws, the case may involve additional issues. These may include no-contact orders, 209A abuse prevention orders, bail conditions, firearms restrictions, or separate restraining order proceedings.

If a no-contact order or restraining order is in place, do not contact the other person unless and until the court changes the order. Even if the other person contacts you first, you may still be charged with violating the order.

For more information, see: What Happens If You Violate a Restraining Order in Massachusetts?

Possible Defenses to Assault and Battery Charges

Not every assault and battery arrest leads to a conviction. Depending on the facts, possible defense issues may include:

• Self-defense
• Defense of another person
• Accidental contact
• Lack of intent
• False accusation
• Mistaken identity
• Inconsistent witness statements
• Lack of proof beyond a reasonable doubt

A defense attorney can review police reports, witness statements, 911 calls, body camera footage, medical records, photographs, and any available video to determine the strongest defense strategy.

How We Can Help

At The Law Offices of Elliot Savitz & Scott Bradley, we help clients facing assault and battery charges by:

• Investigating and challenging the evidence
• Reviewing the legality of the arrest and any statements
• Preparing for arraignment and bail arguments
• Addressing no-contact or release conditions
• Negotiating with prosecutors when appropriate
• Seeking dismissal, reduction, diversion, CWOF, or trial defense where available
• Protecting your record and future whenever possible

Speak With a Massachusetts Assault and Battery Defense Attorney

Assault and battery charges can affect your freedom, record, job, housing, licensing, and reputation. Do not assume the case will go away on its own, and do not speak with police about the allegation without legal advice.

If you were arrested for assault and battery in Massachusetts, contact The Law Offices of Elliot Savitz & Scott Bradley today for a confidential consultation.