Assault & Battery

Assault & Battery Lawyers in Quincy, MA

Serving Clients Throughout the Greater Boston Metro Area

“Assault” and “battery” are often used interchangeably in Massachusetts, commonly referring to one offense. In reality, however, assault is distinct from battery in our state. Most people think that “assaulting” someone means striking them or making some physical contact that is aggressive and intending to cause harm.

In Massachusetts, assault is defined as an attempt or threat to harm someone, creating fear in the alleged victim of imminent injury. Should that attempt or threat be carried out, assault becomes “battery,” in which physical contact occurs.

Either way, assault and battery, as separate crimes or as crimes occurring within the same incident, are serious matters for which you should seek legal counsel. Depending on the circumstances, you could be facing a misdemeanor or felony that carries criminal penalties. In addition to those penalties, a conviction can leave you with a permanent criminal record that can sabotage your future on routine background checks run by potential employers, landlords, professional licensing agencies, and other entities.

At Davis Law Group, you can turn to experienced criminal defense lawyers well-versed in Massachusetts criminal law, its court system, and procedures. Our firm can provide the competent representation you need to safeguard your legal rights and fight to preserve your reputation, your freedom, and your future.

Reserve a consultation with a Quincy assault and battery attorney by calling Davis Law Group at (617) 752-6216 or submitting our online contact form.

Assault & Battery Charges in Quincy & Boston

Assault can occur in varying degrees, from simple assault to aggravated assault. Simple assault is a threat of harm. You can be arrested for simple assault without having touched the alleged victim.

Raising your fist as if to punch someone is an example of simple assault. It carries penalties of up to two and a half years of incarceration and fines of up to $1,000.

Aggravated assault involves causing serious bodily injury, knowing or having reason to know that the alleged victim was pregnant, or violating a restraining order as the alleged abuser against the victim. Under Massachusetts law, serious bodily injury includes “a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.”

A conviction of aggravated assault can carry imprisonment for up to five years and a fine of up to $5,000.

Battery involves actual harmful or offensive contact with another person without their consent. Like assault, battery can be divided into simple and aggravated. Simple battery involves minor harm, while aggravated battery includes serious physical injury, use of a dangerous weapon, or battery against a pregnant woman or a person who has a restraining order against you.

Other Forms of Assault & Battery

Assault and battery can involve other scenarios that have specific elements and penalties.

Assault and battery using a dangerous weapon that falls under Section 15A of Massachusetts General Laws involves alleged victims aged 60 or older. It is punishable by two and a half years in jail, a fine of up to $1,000, or up to 10 years in a state prison. Repeat offenses may lead to harsher penalties.

Other offenses under this section of the law include using a dangerous weapon that results in serious bodily injury, a crime committed against a pregnant woman, an offense committed against someone who has a restraining order against you, or an offense committed against a child under 14. These offenses can lead to penalties of up to 21 ½ years of incarceration and a fine of up to $10,000.

The law does not specify what a “dangerous” weapon is. Thus, anything the court considers dangerous in harming another could lead to a conviction. This could include everyday items such as bats, clubs, or a frying pan.

Other types of offenses under assault and battery include assault with the intent to commit a felony and assault with intent to rob or murder. These also carry significant penalties.

How Davis Law Group Can Help

In all these cases, the penalties for conviction can be severe, including lengthy prison terms and substantial fines. As such, anyone charged with these crimes should seek experienced criminal defense counsel.

Our firm can meticulously evaluate the facts of your case, scrutinize the evidence, and challenge any procedural errors or inconsistencies. Defense strategies might include questioning whether the act was committed in self-defense, if there was mutual combat, or if there was a lack of intent to harm. Other potential defenses may include that you were wrongly identified as the offender or that the act was accidental and lacked criminal intent.

Defense strategies can include negotiating with the prosecution to reduce or dismiss charges altogether. Where appropriate and in your best interests, our skilled trial lawyers can thoroughly prepare your case to go before a judge and jury and present arguments on your behalf.

Throughout the entire procedure, from arrest onward, we can guide you through the complexities of the legal system, providing counsel at every turn while protecting your rights.

Facing assault and battery charges can be daunting and overwhelming. However, with the aid of a proficient criminal defense attorney, you can navigate these challenges with security. Our team can fight for the best possible outcome in your case.

Contact Davis Law Group at (617) 752-6216 for legal help today.

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