Legal Elements for Assault and Battery Upon a Police Officer
Table of Contents
In order to be found guilty of Assault and Battery on a Police Officer under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant committed an assault and battery, either by intentional or reckless conduct on the alleged victim
- the alleged victim was a police officer
- the defendant knew the alleged victim was a police officer
- the alleged victim was engaged in the performance of his or her duty at the time of the alleged incident
- the defendant knew the alleged victim was engaged in the performance of his or her duty at the time of the alleged incident
Potential Consequences if Convicted of Assault and Battery Upon a Police Officer in Massachusetts
The potential consequences for Assault and Battery on a Police Officer, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 13D. A defendant convicted of Assault and Battery on a Police Officer may be sentenced to a term of imprisonment for not less than 90 days nor more than 2 ½ years in a house of corrections.
If the assault and battery included an attempt to disarm the police officer in the performance of his or her duties than the defendant could face a term of imprisonment of not more than 10 years in state prison or in jail or house of corrections for not more than 2 1/2. This punishment may be found at Massachusetts General Laws, Chapter 265, Section 13D.
In addition, if the defendant committed an Assault and Battery on a Police Officer and the officer suffered serious bodily injury, the defendant may be sentenced to a term of imprisonment for not less than 1 year not more than 10 years in a state prison or not less than 1 year nor more than 2 ½ in the house of corrections. This punishment may be found at Massachusetts General Laws, Chapter 265, Section 13D.
If you have been charged with Assault and Battery on a Police Officer and need experienced Massachusetts Assault Defense Attorneys call (508) 213-9113 to schedule a free consultation with the Law Offices of John L. Calcagni III.
