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Assault and Battery

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Boston Assault and Battery Lawyer / MA Assault and Battery Charges

Assault and Battery is a serious charge, and carries serious penalties. I will work hard to protect your rights. Every case is unique, and I will give yours the attention and time it deserves. Your freedom depends on it.

According to Massachusetts Criminal Law, Assault and Battery is defined as:

Touching another person, without having any right or excuse for doing so.

The prosecution must prove that:

• You intended to touch the victim, and
• The touching was either likely to cause bodily harm, or was done without the victim’s consent.

Assault, by itself, does not require the actual touching of the victim.

Penalties for Assault and Battery:

You can face up to 2½ years of incarceration and/or a fine of up to $1,000.

In the following situations, the penalties can increase to 5 years of incarceration and/or a fine of up to $5,000:

• Causing serious bodily injury to another person, or
• Assaulting and battering a victim who you know or should know is pregnant, or
• Assaulting and battering a victim who has a restraining order against you

“Serious bodily injury” means that the injury results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.

The maximum penalty increases even further, to 10 years of incarceration, when:

• The perpetrator uses a dangerous weapon, or
• The victim is 60 years or older and a dangerous weapon is used.

The maximum penalty increases to 15 years of incarceration and/or a fine of $10,000 when:

• The perpetrator uses a dangerous weapon and causes serious bodily injury, or
• The perpetrator uses a dangerous weapon on a pregnant victim, or
• The perpetrator uses a dangerous weapon and in violation of a restraining order, or
• The perpetrator, 17 years or older, uses a dangerous weapon on a victim under the age of 14.

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