Call now for a free consultation regarding your case +1 (617) 393-0250
CONTACT THE FERNANDEZ FIRM TODAY
There is nothing more alarming than getting involved in an assault case, particularly if you’re the victim. Whenever you think about situations like this, it may immediately conjure an image of a brawl in a bar, where someone is threatening you or is about to hit you. However, there is more to this than what you think assault is.
In this article, we’ll share with you what you need to know about assault and battery in the state of Massachusetts. Keep on reading also to learn more about what they involve and see how the best lawyers in Boston can help your specific case.
Assault and battery in MA
Before we dig deeper, let’s first define some terminologies as far as assault and battery are concerned in MA. Take note of the following:
- Simple assault: This is merely the act of threatening someone by using force. It goes as simple as someone attempting to punch you in the face, but you manage to avoid the hit. Still, the act itself is considered an assault.
- Aggravated assault: This is similar to a simple assault where you think that another person will harm you. However, the difference lies in some factors that make it more serious. For instance, in this case, someone uses a broken bottle as a weapon with the intent of hitting you.
- Assault and battery: This is charged if someone goes beyond the intent of harming you, meaning that someone has already made physical contact with you. The contact doesn’t have to be a serious physical injury; even a mere touch that’s intentional and without the victim’s content is considered a case already.
Common assault and battery charges in MA
Now, let’s take a look at some of the common assault and battery charges in MA for your reference. Below are some of these:
- Aggravated assault and battery: As mentioned, the MA law defines this as threatening to use physical force on someone, or an attempt to use physical force, whether or not it is successful. This makes an aggravated assault and battery a more violent or dangerous charge.
- Indecent assault and battery: This charge is categorized into two parts—indecent assault and battery on a child under 14 years old and an individual aged 14 and above. The crime is deemed more serious, which carries a greater weight, especially if the victim is under 14 years old.
- Assault and battery upon a child: This charge is considered a serious offense in MA if it’s done to a child under the age of 14. However, there must be a correlation between the assault and battery and the child’s injury to establish and prove the case.
- Assault and battery with a deadly weapon: The crime of assault and battery with a dangerous weapon varies from one case to another based on the severity, the vulnerability, or the injury caused to the victim. However, a standard case will carry a penalty of up to 2.5 years and a fine of up to $1,000.
- Assault with intent to rob or murder: For this specific case, you must be able to prove the following: The individual was armed with a dangerous weapon, assaulted the victim, and intended to rob or murder the victim.
- Domestic assault and battery: This is a relatively new law enacted in MA to address a growing domestic violence issue, where assault and battery are present in two people in a domestic relationship.
At this point, we’ve covered what you need to know about assault and battery in MA and have tackled some common charges. If you become a victim of one of these, be sure to exercise your right and get a lawyer to handle your case. After all, no one deserves to be assaulted or aggravated because it can harm your well-being!
Have you been involved in an assault case in MA? Let our best lawyers in Boston help you out! We’re a criminal law firm in Boston that specializes in personal injury, criminal defense, medical malpractice, immigration law, and many more. Get in touch with us today for a free consultation!
Request a call back
Would you like to speak to one of our law advisers over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.