Legal Elements for Assault and Battery of a Child Under Age 14
Table of Contents
In order to be found guilty of Assault and Battery on a Child Under Age 14 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 under 14 years of age on the date of the alleged offense
Depending on whether the charge is for Assault and Battery on a Child Under Age 14 Causing Bodily Injury or Substantial Bodily Injury, an additional element of either:
- that the defendant caused bodily injury to the alleged victim
- that the defendant caused substantial bodily injury to the alleged victim
A ”bodily injury” is a substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child’s health or welfare. A ”substantial bodily injury” is a bodily injury which creates a permanent disfigurement, protracted loss or impairment of a function of a body member, limb or organ, or substantial risk of death.
Potential Consequences if Convicted of Assault and Battery of a Child Under Age 14 in Massachusetts
The potential consequences for Assault and Battery on a Child Under Age 14, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 13J. A defendant convicted of Assault and Battery on a Child Under Age 14 and causes Bodily Injury may be sentenced to a term of imprisonment for not more than 5 years in state prison or in a house of corrections for not more than 2 ½ years. A defendant convicted of Assault and Battery on a Child Under Age 14 and causes Substantial Bodily Injury may be sentenced to a term of imprisonment for not more than 15 years in state prison or in a house of corrections for not more than 2 ½ years.
Like causing substantial bodily injury, the defendant may also face up to 10 years in state prison or not more than 2 ½ years in jail if the defendant committed the Assault and Battery by Means of a Dangerous Weapon Upon the Child who was under Age 14. The potential consequences may be found at Massachusetts General Laws, Chapter 265, Section 15A(c).
If you have been charged with Assault and Battery on a Child Under Age 14 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.
