The Definition of Assault And Battery

The Definition of Assault And Battery

In Massachusetts, a person can be charged with an Assault, a Battery, or an Assault And Battery (A&B).

The Assault is the crime of threatening a person with physical force, while the Battery is the act of making physical contact with the victim. The definition of an Assault & Battery (A&B), on the other hand, involves a single crime that includes the crime of threatening a person (Assault) together with the act of making physical contact with him/her (Battery).

A Battery includes intentional touching that is harmful or offensive, or where there is simply no consent from the victim. The contact must be physical, such as hitting or kicking, but it might simply be when a person is touched without consent or excuse. Battery does not necessarily mean that you have been harmed, for example, if someone spits at you. You may not be injured by this act, but it certainly can be construed as a Battery.

In order to prove that the Defendant is guilty of having committed an Assault And Battery, by definition, the prosecutor must prove 3 things beyond a reasonable doubt:

  • The Defendant touched the alleged victim, however slightly, without having any right or excuse for doing so,
  • The Defendant intended to touch the alleged victim, and
  • The touching was either likely to cause bodily harm to the alleged victim or was done without his/her consent.

An Aggravated Assault And Battery by definition occurs when one person causes or tries to cause a severe injury to another person, particularly with the use of a deadly weapon.


Merely speaking to someone badly is not enough to constitute an assault unless the person is making a threat that makes the victim reasonably think he/she is in imminent danger. In that case, the assault is classified as ‘simple,’ that is when the assault is not accompanied by any aggravation. You cannot ‘accidentally’ assault another person. However, if you act in an intentional way that another party considers dangerous, you can be charged with assault. You can also be charged with assault if you cause bodily injury to someone, for example, if you injure someone with a deadly weapon.

There are several other charges that fall under the charge of Assault. These are:

  • Assault with a dangerous or deadly weapon,
  • Assault with intent to commit manslaughter,
  • Assault with intent to commit murder, and
  • Assault with intent to commit rape.


There are several other charges that fall under the charge of Battery.

  • Aggravated Battery, causing violent injury to another that is aggravated by, for example, a deadly weapon, the intentional infliction of shame and/or disgrace, or where there is a disparity, such as the age and physical condition between the parties.
  • Simple Battery, a Battery not accompanied by any other aggravating circumstances.
  • Technical Battery, where in the course of treatment, a doctor or dentist exceeds the consent that is given by the patient.


“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.”
“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.”
“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.”
“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!”
“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 really wanted to thank you so much. I cannot thank you enough. You were always there to fulfill whatever was required by the court.”
“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.”
“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, 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.”




Call (781) 974-3429 & Take the 1st Step to Developing a Winning Strategy.

Criminal Defense Attorney

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.