Under Massachusetts criminal law, the crime of Assault and Battery is a misdemeanor and may be found at Massachusetts General Laws, Chapter 265, Section 13A(a).
An assault is defined as an attempt or offer by one person to do bodily injury to another by force and violence. However, an assault may also consist of putting a person in fear of immediate bodily injury. A battery is a harmful or an unpermitted touching of another person.
Two Ways Assault and Battery May be Committed
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In Massachusetts, there are two ways that a person may commit an Assault and Battery. An Assault and Battery may be committed by either Intentionally or Recklessly.
Intentional Assault and Battery
The first way to commit an Assault and Battery is intentionally. This form of Assault and Battery requires the intentional and unjustified use of force upon another person, however slight. The touching may be direct, such as when a person strikes another person, or indirect, such as when a person uses an object or some other force to strike another. A harmful touching is a touching which is physically or potentially physically harmful. An offensive touching is an affront to a person’s integrity.
In order to be found guilty of an Intentional Assault and Battery under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant touched the alleged victim
- the defendant did so intentionally
- the touching was harmful or offensive
- it was committed without justification or excuse
Reckless Assault and Battery
The second way to commit an Assault and Battery is recklessly. This form of Assault and Battery involves reckless conduct that results in bodily injury. The bodily injury must be sufficiently serious to interfere with the alleged victim’s health or comfort but does not need to be permanent.
A person acts reckless when he or she knew, or should have known, that such actions were very likely to cause substantial harm to someone, but he or she took the risk and still engaged in the conduct. Thus, the conduct is reckless if a reasonable person under the circumstances as they were known to the defendant, would have recognized that such actions were so dangerous that substantial injury would very likely result.
In order to be found guilty of a Reckless Assault and Battery under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- the defendant engaged in actions that caused physical or bodily injury to the alleged victim
- the defendant’s actions amounted to wanton and reckless conduct
Punishment for Assault and Battery in Massachusetts
The potential consequences for Assault and Battery, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 13A(a). A defendant convicted of either form of Assault and Battery may be sentenced to a term of not more than 2 ½ years in a house of corrections.
Aggravated Forms of Assault or Assault and Battery
An assault is defined as an attempt or offer by one person to do bodily injury to another by force and violence. However, an assault may also consist of putting a person in fear of immediate bodily injury. A battery is a harmful or an unpermitted touching of another person.
Massachusetts law regarding Assault or Assault and Battery list out three aggravating factors which may increase the defendant’s potential punishment if convicted, and which require additional elements to be proven, if so charged.
A conviction for Assault or Assault and Battery is aggravated if it (i) caused serious bodily injury upon another; (ii) was upon a pregnant woman who the defendant knew or had reason to know was pregnant; or (iii) was upon another who the defendant knew had against him restraining or no contact order. Under Massachusetts criminal law, the crime of Aggravated Assault or Assault and Battery may be found at Massachusetts General Laws, Chapter 265, Section 13A(b)(i)-(iii).
What is Serious Bodily Injury for Purposes of an Aggravated Assault or Assault and Battery
A “serious bodily injury” is defined as bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or a substantial risk of death.
An Assault and Battery Causing Serious Bodily Injury can be committed either Intentionally or Recklessly. An impairment of a bodily function arises when a part or system of the body other than an organ or limb, is significantly impeded in its ability to fulfil its role.
An impairment of a limb occurs when, because of significant damage to its structure, its capacity to perform, its usual function is compromised. An impairment to an organ occurs when damage to the structure of the organ is significant enough to compromise its ability to perform its function in the victim’s body.
Legal Elements of Assault and Battery Causing Serious Bodily Injury
In order to be found guilty of Intentional Assault and Battery Causing Serious Bodily Injury under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant touched the alleged victim
- the defendant did so intentionally
- the touching caused serious bodily injury
- it was committed without justification or excuse
In order to be found guilty of Reckless Assault and Battery Causing Serious Bodily Injury under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- the defendant engaged in actions that caused serious bodily injury to the alleged victim
- the defendant’s actions amounted to wanton and reckless conduct
Assault and Battery Upon a Pregnant Woman
When a defendant is charged with Assault or Assault and Battery Upon a Pregnant Woman, there are two additional elements that must be proven. The alleged victim must have been pregnant, and the defendant must have known or had reason to know she was pregnant. The remaining legal elements to be proven are the same as those for Assault and Battery.
Legal Elements of Assault or Assault and Battery on a Pregnant Woman
In order to be found guilty of Intentional Assault and Battery on a Pregnant Woman under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant touched the alleged victim
- the defendant did so intentionally
- the touching was either likely to cause bodily harm to the alleged victim or was offensive
- it was committed without justification or excuse
- the alleged victim was pregnant at the time of the alleged assault and battery
- the defendant knew or had reason to know that the alleged victim was pregnant
In order to be found guilty of Reckless Assault and Battery on a Pregnant Woman under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- the defendant engaged in actions that caused bodily injury to the alleged victim
- the defendant’s actions amounted to wanton and reckless conduct
- the alleged victim was pregnant at the time of the alleged assault and battery
- the defendant knew or had reason to know that the alleged victim was pregnant
Assault or Assault and Battery on a Person With a Restraining Order Against the Defendant
When a defendant is charged with Assault or Assault and Battery Against a Person with a Restraining Order Against the Defendant, there are two additional elements that must be proven.
There must have been a restraining order issued against the defendant, in effect at the time of the assault and the defendant must have had knowledge of the order. The law requires some type of proof that the defendant received a copy of the order or learned of it in some other way.
Legal Elements of Assault on a Person with a Vacate, Restraining, or No Contact Order
In order to be found guilty of Assault by Attempted Battery on a Person with a Restraining Order under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- the defendant must have intended to commit a battery, that is a harmful or unpermitted touching
- the defendant must have also taken an overt step toward accomplishing that intent and came reasonably close to doing so
- that a court had issued an temporary or permanent vacate, restraining, or no contact order or judgement against the defendant ordering him or her to: [vacate] [and] [stay away from] a particular premises; or to stay a certain distance away from the alleged victim; or not contact the alleged victim; or not to abuse the alleged victim
- that the order was in effect at the time of the alleged assault and battery
- the defendant knew that the pertinent terms of the order were in effect
In order to be found guilty of Assault by Threatened Battery on a Person with a Restraining Order under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- the defendant intended to put the complainant in fear of an imminent battery
- the defendant engaged in some conduct toward the complainant which he or she reasonably perceived as imminently threatening a battery
- that a court had issued an temporary or permanent vacate, restraining, or no contact order or judgement against the defendant ordering him or her to: [vacate] [and] [stay away from] a particular premises; or to stay a certain distance away from the alleged victim; or not contact the alleged victim; or not to abuse the alleged victim
- that the order was in effect at the time of the alleged assault and battery
- the defendant knew that the pertinent terms of the order were in effect
Legal Elements of Assault and Battery on a Person with a Vacate, Restraining, or No Contact Order
In order to be found guilty of Intentional Assault and Battery on a Person with a Restraining Order under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant touched the alleged victim
- the defendant did so intentionally
- the touching was either likely to cause bodily harm to the alleged victim or was offensive
- it was committed without justification or excuse
- that a court had issued an temporary or permanent vacate, restraining, or no contact order or judgement against the defendant ordering him or her to: [vacate] [and] [stay away from] a particular premises; or to stay a certain distance away from the alleged victim; or not contact the alleged victim; or not to abuse the alleged victim
- that the order was in effect at the time of the alleged assault and battery
- the defendant knew that the pertinent terms of the order were in effect
In order to be found guilty of Reckless Assault and Battery on a Person with a Restraining Order under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- the defendant engaged in actions that caused bodily injury to the alleged victim
- the defendant’s actions amounted to wanton and reckless conduct
- that a court had issued an temporary or permanent vacate, restraining, or no contact order or judgement against the defendant ordering him or her to: [vacate] [and] [stay away from] a particular premises; or to stay a certain distance away from the alleged victim; or not contact the alleged victim; or not to abuse the alleged victim
- that the order was in effect at the time of the alleged assault and battery
- the defendant knew that the pertinent terms of the order were in effect
Potential Punishment if Convicted of Aggravated Assault or Assault and Battery in Massachusetts
The potential consequences for an Aggravated Assault or Assault and Battery, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 13A(b)(iii). A defendant convicted for an Assault or Assault and Battery aggravated by any of these circumstances may be sentenced to a term of not more than 5 years in state prison or not more than 2 ½ years in the house of corrections.
Should the defendant commit an Aggravated Assault or Assault and Battery in any of the circumstances listed above, by means of a dangerous weapon, a defendant may be sentenced to a term of imprisonment for not more than 15 years in state prison or not more than 2 ½ years in the house of corrections. The potential consequences for an Aggravated Assault or Assault and Battery by Means of a Dangerous Weapon, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 15A(c).
A defendant convicted for an Assault and Battery by Means of a Dangerous Weapon may be sentenced to a term of not more than 10 years in state prison or not more than 2 ½ years in the house of corrections. This punishment can be found at Massachusetts General Laws, Chapter 265, Section 15A(b).
Furthermore, if the defendant commits an Assault and Battery by discharging a firearm, large capacity weapon, rifle, shotgun, sawed-off shotgun or machine gun, he may be sentenced to a term of not more than 20 years in state prison or not more than 2 ½ years in the house of corrections. This punishment can be found at Massachusetts General Laws, Chapter 265, Section 15E. An attempt of this crime may also be punished by imprisonment in the state prison for not more than 15 years or not more than 2 ½ in the house of corrections. This punishment can be found at Massachusetts General Laws, Chapter 265, Section 15F.
If you have been charged with Assault and Battery 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.
