BOSTON ASSAULT ATTORNEY

Experienced Defense Against Assault & Battery Charges in Massachusetts

Assault is a crime that takes on various forms and degrees of severity. This is both a good and bad thing, because assault charges have the flexibility to be diminished or dismissed entirely, or they could be exaggerated into an extreme accusation that could qualify as battery. Either way, you need an assault attorney in Boston by your side.

Although the “assault” and “battery” are respectively separate terms, in most cases, they go hand-in-hand. Our Boston assault lawyer proactively prepares for both accusations of assault and battery, because even if you didn’t commit battery, the prosecution will likely attempt to distort the reality.

If you've been arrested for assault, contact us today or call us at (617) 925-6772 to start your defense with the help of our assault attorneys in Boston.

What Is Assault and Battery?

To best understand assault charges, let’s look at a hypothetical situation: If you threatened a clerk for giving you the wrong change during a transaction, maybe because you believed she was trying to pocket the difference, your threat could be viewed as assault. Depending on the context of your language, attitude, behavior and body language, you could be accused of assault without even laying a finger on the clerk. Simply put, if your threat included statements that gave the clerk an impression that she was about to suffer physical harm, you could be charged with assault. Reach out to our assault attorneys in Boston if you find yourself in this situation.

Assault and battery charges often arise after arguments, altercations in public places, or interactions with law enforcement. In Boston, local courts review both the intent behind the accused's actions and the context in which the incident took place. Massachusetts law allows prosecutors to file separate charges of assault and battery, which can increase the legal risks for defendants. Many cases hinge on witness testimony, physical evidence, or video footage gathered by local law enforcement or nearby surveillance systems.

What Is the Difference Between Assault & Battery?

By definition, in an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act of causing physical harm. Our seasoned assault attorney in Boston, Jack Diamond, began his career on the other side of the courtroom as a prosecutor. Therefore, he has valuable, insider knowledge on how the other sides thinks and operates in assault cases; knowledge that can be used to build a proactive defense strategy against the prosecution’s go-to methods of attack in order to better fight for a favorable outcome to your case.

The distinction between assault and battery becomes particularly relevant when determining what defenses to pursue and what legal options are available. Massachusetts courts look at the underlying facts to decide whether the accused's conduct was threatening, physically harmful, or both. This distinction also impacts how prosecutors charge the offense and what penalties the court could impose. If you're facing allegations of aggravated assault or aggravated battery, the stakes may be even higher, as the Commonwealth takes into account whether a weapon was used or if serious injury resulted. Understanding these differences gives you and your legal counsel a clearer route to challenge the prosecution's case, assert your rights, and seek a more favorable resolution.

What Happens After an Arrest for Assault or Battery?

If you are arrested for assault or battery in Boston, police will typically process you in the local precinct before transporting you to the appropriate courthouse, such as Boston Municipal Court or a Suffolk County court. The arraignment is usually held within one business day, where the judge will read the charges and determine bail conditions. At arraignment, it is your right to have an assault attorney in Boston present and to hear the prosecution’s initial evidence. Early legal counsel is critical at this stage so you can understand your rights, avoid making statements that may be used against you, and begin developing a defense strategy. 

Boston-area courts handle a significant volume of assault and battery cases, which means processing times and procedures are guided by both Massachusetts law and local protocols. Your attorney can guide you through each step—from bail hearings and pre-trial conferences to trial preparations—helping ensure you understand the process and make informed decisions throughout your case.

Defense Strategies for Assault & Aggravated Assault Charges from Our Assault Attorneys in Boston

Defending against assault and aggravated assault charges in Boston requires a detailed review of the facts, witness credibility, and the specific statutes involved. Common defenses include challenging the accuracy of witness statements, arguing self-defense or defense of others, establishing lack of intent, or disputing whether the victim’s apprehension of harm was reasonable. In Massachusetts, judges and prosecutors must follow clearly defined statutes for both simple and aggravated assault, meaning that building a strong defense often means highlighting procedural errors or inconsistencies in the prosecution’s case. 

Local Boston law enforcement often relies on security footage or bystander reports, and these sources can contain errors or be incomplete—an aggravated assault defense lawyer in Boston will know how to scrutinize and challenge this evidence. When prosecutors allege aggravated assault due to the use of a weapon or the severity of injury, the defense may focus on showing the absence of these elements to reduce the charge or penalty. Each defense strategy is tailored to the specific charges, circumstances, and local court expectations, supporting your right to a fair process.

Call us at (617) 925-6772 to schedule an initial consultation with our team and learn about your options.