Assault Allegations Require Immediate, Strategic Defense
Common assault crimes include Assault, Assault and Battery, Assault and Battery with a Dangerous Weapon, Indecent Assault and Battery, and Assault and Battery on a Police Officer.
If you were charged with any of these crime, do not talk about it to anyone other than your attorney. Anything you say, text, message or post on social media can be 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. Contact Lown Law Firm.
The Commonwealth Must Prove Its Case Beyond a Reasonable Doubt
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 that we have in matters relating to human affairs.
Defenses Depend on the Details of the Allegation
There are a number of defenses available to you in assault cases. 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.
Assault and Assault & Battery
Both Assault and Assault and Battery are misdemeanors under Massachusetts law. The penalties range from an imposed period of probation to a jail sentence. The maximum sentence for an assault and battery is 2 ½ years in the House of Correction. The “maximum sentence” refers to the most severe penalty which a person can receive.
The law against assault, and assault and battery is spelled out in Chapter 265, Section 13A of the Massachusetts General Laws. This law is often abbreviated as MGL ch. 265, § 13A or G.L. c. 265, § 13A.
If you were charged with an assault and battery, the prosecutor must prove three things beyond a reasonable doubt.
First: That the defendant touched the person of [alleged victim] without having any right or excuse for doing so;
Second: That the defendant intended to touch [alleged victim]; and
Third: That the touching was either likely to cause bodily harm to [alleged victim], or was offensive and done without (his) (her) consent.
There are various defenses available to you in this type of case. Each case must be analyzed on an individual basis.
Assault and Battery with a Dangerous Weapon
An Assault and Battery with a Dangerous Weapon is a felony. If tried in district court, the penalty ranges from a term of probation to a maximum penalty of 2 ½ years in the House of Correction. If tried in superior court, the maximum penalty is 10 years in state prison.
This law is spelled out in Chapter 265, Section 15A of the Massachusetts General Laws. This law is often abbreviated as MGL ch. 265, § 15A or G.L. c. 265, § 15A.
If you were charged with this crime, the prosecutor must prove three things beyond a reasonable doubt.
First: That the defendant touched the person of [alleged victim] however slightly, without having any right or excuse for doing so;
Second: That the defendant intended to touch [alleged victim]
Third: That the touching was done with a dangerous weapon.
Some items are considered inherently dangerous. An item which is not normally dangerous can be considered a dangerous weapon if it was used to harm someone. For example, a pillow could be considered a dangerous weapon if it was used to suffocate a person.
This type of charge requires careful analysis, and as with other assault crimes, there are various defenses available to you.
Indecent Assault and Battery
An Indecent Assault and Battery is a felony. If tried in district court, the penalty ranges from a term of probation to 2 ½ years in the House of Correction. If tried in superior court, the maximum penalty is 5 years in state prison.
This law is spelled out in Chapter 265, Section 13H of the Massachusetts General Laws. This law is often abbreviated as MGL ch. 265, § 13H or G.L. c. 265, § 13H.
If you were charged with this crime, the prosecutor must prove four things beyond a reasonable doubt.
First: That the alleged victim was at least fourteen years of age at the time of the alleged offense;
Second: That the defendant committed an assault and battery on the alleged victim. Assault and battery is essentially the intentional touching of another person, without legal justification or excuse.
Third: The Commonwealth must prove beyond a reasonable doubt that the assault and battery was “indecent” as that word is commonly understood, measured by common understanding and practices.
An indecent act is one that is fundamentally offensive to contemporary standards of decency. An assault and battery may be “indecent” if it involves touching portions of the anatomy commonly thought private, such as a person’s genital area or buttocks, or the breasts of a female.
And Fourth: The Commonwealth must prove beyond a reasonable doubt that the alleged victim did not consent.
PRIOR CASE
Assault and Battery on a Police Officer
Lown Law Firm Wins “Not Guilty” in Assault and Battery on a Police Officer Case
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. The officer testified that it was the young man who was out of control. Attorney Lown exposed the officer for changing his story on several occasions. The jury returned a verdict of not guilty on all charges.
Assault Crimes FAQ
What’s the difference between assault and assault and battery?
Assault generally involves an attempted or threatened harmful contact, while assault and battery typically involves an actual physical touching. The specific charge depends on the facts alleged.
What penalties can assault charges carry in Massachusetts?
Penalties vary by charge type and court, and can range from probation to incarceration depending on the allegation and circumstances.
What if there were no injuries or the incident was “minor”?
Even minor incidents can lead to criminal charges. The facts, credibility of witnesses, and context often determine how the case is handled.
Can self-defense be a defense to an assault charge?
Self-defense may apply depending on what happened, who initiated the confrontation, and whether the response was considered reasonable under the circumstances.
What should I do if I’m accused of assault?
Avoid discussing the situation with anyone other than your attorney, preserve any helpful evidence (messages, videos, witnesses), and speak with counsel promptly to understand your options.
