Legal Elements for Assault and Battery Upon an Elderly or Disabled Person
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In order to be found guilty of Assault and Battery on an Elderly or Disabled Person 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 an elderly person or person with a disability on the date of the offense
Under Massachusetts criminal law, a person is considered elderly if the person is age 60 or older. A person is considered disabled if the person has a permanent or long-term physical or mental impairment that prevents or restricts the individual’s ability to provide for his or her own care or protection.
Potential Consequences if Convicted of Assault and Battery Upon an Elderly or Disabled Person in Massachusetts
The potential consequences for Assault and Battery on an Elderly or Disabled Person, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 13K(a1/2). A defendant convicted of Assault and Battery on an Elderly or Disabled Person may be sentenced to a term of imprisonment for not more than 3 years in state prison or in a house of corrections for not more than 2 ½ years.
There are increased penalties if the defendant committed the assault and batter on an elder or disabled person and that person suffered bodily or serious bodily injury. A ”Bodily injury”, is a substantial impairment of the physical condition, including, but not limited to, any burn, fracture of any bone, subdural hematoma, injury to any internal organ, or any injury which occurs as the result of repeated harm to any bodily function or organ, including human skin. A ”Serious bodily injury”, is a bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.
If the defendant caused the elder or disabled person to suffer bodily injury, he 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. This punishment may be found at Massachusetts General Laws, Chapter 265, Section 13K(b). If the defendant caused the elder or disabled person to suffer serious bodily injury, he may be sentenced to a term of imprisonment for not more than 10 years in state prison or in a house of corrections for not more than 2 ½ years. This punishment may be found at Massachusetts General Laws, Chapter 265, Section 13K(c).
In addition, should the defendant commit an Assault and Battery on an Elderly or Disabled Person while armed with a dangerous weapon, and that person is age 60 or older, the defendant may be sentenced to a term of imprisonment for not more than 10 years in state prison or not more than 2 ½ years in jail. The potential consequences for an Assault and Battery by Means of a Dangerous Weapon Upon a Person 60 or Older, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 15A(a).
If you have been charged with Assault and Battery on an Elderly or Disabled Person 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.
