Assault and Battery on a Police Officer
An assault and battery on a police officers is a misdemeanor under Massachusetts law. The penalties for an assault and battery on a police officer range from an imposed period of probation to a maximum of 2 ½ years in the House of Correction. If convicted, the judge may also impose a fine of up to $5,000. The “maximum sentence” refers to the most severe penalty which a person can receive.
If you were charged with this crime, do not talk about it to anyone other than your attorney. Anything you say, text, message or post on social media will be twisted and used against you. A skilled prosecutor can usually take even the most innocent sounding statement and use it against you at trial. Do not talk to anyone other than your lawyer about your case.
The law which prohibits assault and battery with a dangerous weapon is spelled out in Chapter 265, Section 13D of the Massachusetts General Laws. This law is often abbreviated as MGL ch. 265, § 13D or G.L. c. 265, § 13D.
Under both the United States Constitution and our state constitution, anyone charged with a crime is presumed to be innocent. This means that you do not have to prove that you are innocent. You are presumed to be innocent. Instead, the prosecutor is the one who must prove beyond a reasonable doubt that the defendant committed the crime. To do this, the prosecutor must provide the jurors with an abiding conviction to a moral certainty that the defendant committed this crime. Proof beyond a reasonable doubt is an extremely high standard. It is the highest degree of certainty possible in matters relating to human affairs.
If you were charged with this crime, the prosecutor must prove six things beyond a reasonable doubt.
First: That the defendant touched the person of [the police officer], without having any right or excuse for doing so;
Second: That the defendant intended to touch [the police officer];
Third: That the touching was either likely to cause bodily harm to [the police officer] , or was done without his (her) consent;
Fourth: That [the alleged victim] was a police officer;
Fifth: That the defendant knew [the alleged victim] was a police officer; and
Sixth: That [the police officer] was engaged in the performance of his (her) duty at the time of the alleged incident.
There are a number of defenses available to you in this type of case. For example, if the touching of the police officer occurred by accident or the defendant acted in self defense, then the defendant would be entitled to a verdict of “not guilty.”
Attorney Zachary Lown will fight to get you the best possible result. Attorney Lown will work to help you avoid any negative consequences, including on your employment, driver’s license or immigration status.
You may call Lown Law Firm for a free consultation.
A Boston Police officer chased a young man out of a building where he was visiting his friends, slammed this young man on the ground, handcuffed him, then wrongly accused him of Resisting Arrest and Assault and Battery on a Police Officer. Attorney Lown exposed the officer for changing his story on several occasions. More.