Boston Assault and Battery Attorney
In the state of Massachusetts, assault is defined as an intentional act evoked to cause fear, harm or offensive contact. One can be convicted of an assault even if the act never occurs. According to The 189th General Court of The Commonwealth of Massachusetts under Chapter 265 Section 13 A:
Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by incarceration for not more than 21/2 years in a house of correction or by a fine of not more than $1,000.
A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons.
In Massachusetts, assault is a separate conviction from assault and battery. Assault is committed by and when they defendant attempts to use physical force against another demonstrates intent to use force against another. The defendant doesn’t even need to touch another to commit assault.
There are two forms of assault. The first type of assault involves the impression of intent without the plaintiff’s awareness. If a defendant makes a motion of intent harm towards another, such as throwing a punch, then assault is committed. With this form of assault, the plaintiff doesn’t need to feel afraid or even be aware of harmful intentions. In the second form of assault, the defendant puts the plaintiff at fear of assault through conduct that can be perceived as threatening. An example of this form of assault would be pointing a gun without pulling the trigger or raised fists.
In a Massachusetts Assault case, the plaintiff must prove that the defendant intended to either cause harm or fear of harm. However, the plaintiff is not required to prove feelings of ill will towards the plaintiff. The plaintiff must prove that they were placed in apprehension of being harmed. Examples of assault include swinging a fist, pointing a gun or other weapon at another and throwing an object at another that causes them to be placed in a state of apprehension. Acts that do not constitute as acts of assault include, sneaking up behind someone and holding a weapon to them but walking away before they are even made aware, and threatening harm at a future point in time.
Massachusetts Assault and Battery Attorney – Assault and Battery Definition
In Massachusetts, Assault and Battery is committed when the defendant deliberately touches the plaintiff in a way that if likely to cause bodily harm or if they touch the plaintiff without their consent. In this case, hitting someone may lead to a conviction of Assault and Battery.
Massachusetts Assault and Battery convictions warrant different penalties based on the level of bodily injury caused. These cases are broken up into three levels:
- Bodily Injury: Any burn, bruise, cut or injury resulting from harm to the victim or any physical condition endangering a victim’s health
- Substantial Bodily Injury: Bodily injury that creates a substantial risk of death or permanent disfigurement or impairment
- Serious Bodily Injury: Bodily injury that creates a serious risk of death, disfigurement, impairment or loss to any part of the body
Contact a Boston Assault and Battery Attorney from Murad Law today at 617-227-4648.