In Massachusetts, assault and related crimes are categorized as “Crimes Against Persons” and defined in G.L. c. 265. Below you will find a list of some of the charges typically handled by our office. If you have been charged with assault or a related crime in Suffolk, Norfolk, Plymouth, Essex, or surrounding county, call our office today so that we can protect your rights and your record!
Speak to an attorney before you speak to law enforcement!
ASSAULT OR ASSAULT & BATTERY — G.L. c. 265 § 13A
If you’ve been in a fight or physical altercation in Boston or surrounding areas, you may be charged with assault and battery. There are two types or “theories” of assault the Commonwealth can try to prove:
- Intentional Assault and Battery — intentional & unjustified use of force, however slight,” upon person of another;
- Reckless Assault and Battery — intentional act (general intent…meaning you weren’t sleepwalking) willful, wanton, & reckless in nature, AND causes “personal injury”;
Additionally, the Commonwealth has the authority to charge you for “assault,” even when there is no physical contact between you and the other person. This is either an attempted battery or conduct (more than words alone) which places the other person in reasonable fear that a battery is about to occur.
ASSAULT AND BATTERY CAUSING SERIOUS BODILY INJURY — G.L. c. 265, § 13A(b)(i)
In order to prove the defendant guilty of committing an intentional assault and battery causing serious bodily injury, the Commonwealth must prove three things beyond a reasonable doubt:
- First: That the defendant touched the person of [the alleged victim];
- Second: That the defendant intended to touch [the alleged victim]; and
- Third: That the touching caused serious bodily injury to [the alleged victim].
To prove the first element, the Commonwealth must prove the defendant touched [the alleged victim]. A touching is any physical contact, however slight. To prove the second element, the Commonwealth must prove that the defendant intended to touch [the alleged victim], in the sense that the defendant consciously and deliberately intended the touching to occur, and that the touching was not merely accidental or negligent. To prove the third element, the Commonwealth must prove that the touching caused serious bodily injury to [the alleged victim]. Under the law, a serious bodily injury is one which results in permanent disfigurement, loss or impairment of a bodily function, limb or organ or a substantial risk of death.
Just as with “regular” assault and battery, the Commonwealth can try to prove the defendant’s intent was either directly intentional (wanted to initiate the harmful contact), or reckless (consious disregard for the risk of serious harm resulting from the contact.
ASSAULT AND BATTERY ON A PERSON PROTECTED BY AN ABUSE PREVENTION ORDER — G.L. c. 265, § 13A(b)(iii)
In order to prove the defendant guilty of committing an intentional assault and battery on a person protected by an abuse prevention order, the Commonwealth must prove six things beyond a reasonable doubt:
- First: That the defendant touched the person of [the alleged victim];
- Second: That the defendant intended to touch [the alleged victim];
- Third: That the touching was either likely to cause bodily harm to [the alleged victim], or was offensive; and
- Fourth: That a court had issued an order (or) (a judgment) pursuant to chapter 209A of our General Laws against the defendant.
- Fifth: That the order was in effect at the time of the alleged assault and battery; and
- Sixth: That the defendant knew that the pertinent term(s) of the order (was) (were) in effect.
To prove that the defendant had knowledge of the order’s terms, there must be proof that the defendant received a copy of the order or learned of it in some other way.
Our Office Handles Many Additional Types of Assault Claims, including:
ASSAULT AND BATTERY ON A PREGNANT WOMAN — G.L. c. 265, § 13A(b)(ii)
BATTERY TO INTIMIDATE ANOTHER BASED ON BIAS — G.L. c. 265, § 39(a)
ASSAULT AND BATTERY ON A POLICE OFFICER OR PUBLIC EMPLOYEE — G.L. c. 265, § 13D
ASSAULT AND BATTERY ON A CHILD UNDER 14 CAUSING BODILY INJURY — G.L. c. 265, § 13J(b) (¶ 1)
WANTONLY OR RECKLESSLY PERMITTING (SUBSTANTIAL) BODILY INJURY TO A CHILD UNDER 14 — G.L. c. 265, § 13J(d) ¶3 & ¶4
WANTONLY OR RECKLESSLY PERMITTING ANOTHER TO COMMIT AN ASSAULT AND BATTERY ON A CHILD UNDER 14 CAUSING BODILY INJURY — G.L. c. 265, § 13J(b ¶ 3)
ASSAULT ON FAMILY OR HOUSEHOLD MEMBER — G.L. c. 265, § 13M
ASSAULT AND BATTERY ON FAMILY OR HOUSEHOLD MEMBER — G.L. c. 265, § 13M
ASSAULT AND BATTERY ON AN ELDER OR DISABLED PERSON — G.L. c. 265, § 13K(a½)
ASSAULT AND BATTERY ON AN ELDER OR DISABLED PERSON CAUSING BODILY INJURY — G.L. c. 265, § 13K(b)
CARETAKER WHO WANTONLY OR RECKLESSLY ABUSED, NEGLECTED OR MISTREATED AN ELDER OR DISABLED PERSON — G.L. c. 265, § 13K(d½)
ASSAULT AND BATTERY BY MEANS OF A DANGEROUS WEAPON — G.L. c. 265, § 15A
ASSAULT AND BATTERY BY MEANS OF A DANGEROUS WEAPON CAUSING SERIOUS INJURY— G.L. c. 265, § 15A
ASSAULT AND BATTERY BY MEANS OF A DANGEROUS WEAPON ON A CHILD UNDER 14 — G.L. c. 265, § 15A
SUFFOCATION — G.L. c. 265, § 15D
STRANGULATION — G.L. c. 265, § 15D
RECKLESS ENDANGERMENT OF A CHILD UNDER 18 — G.L. c. 265, § 13L