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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.

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 to start your defense.

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.

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 Boston assault attorney, 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.

Types of Assault & Battery Charges

Assault and battery may be punishable as a misdemeanor or felony depending on the intent of the assault. Trust us when we say this: Prosecutors will have no mercy in attempting to convict you as a felon. Our Boston assault attorney knows from experience the obstacles that may arise during the process, and prepares a strategy for every possibility you my face in court.

The following assault and battery crimes are punishable as misdemeanors or felonies:

  • assault with intent to murder, maim, or disfigure
  • assault with intent to commit a felony
  • assault by force or violence with intent to steal (robbery)
  • assault and battery committed in order to collect a loan
  • assault and battery if the victim is pregnant and the defendant knows or has reason to know of the pregnancy
  • assault and battery against a public (government) employee, emergency medical technician, ambulance operator or attendant, firefighter, or health care provider
  • assault and battery against an elderly person (over the age of 60)
  • assault and battery against people with disabilities (physical or mental impairments that prevent the people from being able to care for or protect themselves)

In regards to penalizing assault along with assault and battery, the court of the commonwealth of Massachusetts states, “Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 2 1/2 years in a house of correction or by a fine of not more than $1,000.”

What are the Penalties for Assault & Battery in Massachusetts?

In the state of Massachusetts, the penalties for assault and battery depend on the circumstances surrounding the case. Some possible penalties for assault and battery include:

  • Up to a $1,000 fine
  • Up to two and a half years in jail

Some circumstances that can increase these penalties include causing bodily injury, committing assault on a public employee, against a pregnant woman, and more.

Contact Our Boston Assault & Battery Lawyer Today

Our team believes in the importance of honesty, pragmatism and success. Clients look to us to represent their simple or considerably complex cases because our attorney is resilient, reassuring and aggressive. When it comes to assault and battery, you can rely on our team at Jack Diamond Law Offices to treat your concerns and future seriously, because your freedom is our top priority.

Facing assault charges? Contact us at (617) 925-6772 for your free consultation!