Assault and battery charges are serious and are frequently filed as part of a domestic violence case. However, such charges can also stem from events such as sports games, college outings, and bars, etc. When you face assault and battery charges, it is important to have an experienced criminal law attorney by your side. Michael M. Monopoli and Mark L. Monopoli have vast experience as criminal defense attorneys and will work hard on your individual case involving assault and battery.
What is Assault and Battery?
The legal definition of assault and battery in Massachusetts consists of a threat of some type of violence, and not actual contact with the body (assault) and actual physical contact is referring to (battery) towards another person without their consent. For charges to be filed, there does not have to be actual physical harm that takes place. As long as an alleged threat has been made, the assault and physical activity are followed, such as trying to push someone, the police can make an arrest.
The actual state law involved falls under the Massachusetts General Laws Chapter 265. In this statute, it says that a person found guilty of assault or assault/battery of an individual should be punished with imprisonment for 2 and ½ years maximum or pay a fine of $1,000 or less.
Common Types of Assault and Battery Charges in Massachusetts include:
- Aggravated Assault and Battery
- Assault and Battery Upon a Child
- Assault and Battery with a Deadly Weapon
- Assault with the Intent to Commit a Felony
- Assault with the Intent to Rob or Murder
- Indecent Assault & Battery
In Massachusetts, assault and battery charges can be filed as a misdemeanor or a felony offense. The difference between the two charges can be severe with more punishment involved. A misdemeanor conviction is punishable by incarceration which will usually last 2 and ½ years. With a felony conviction, you can face jail time in a state prison for more than 2 and ½ years. The misdemeanor will place you in county jail or house correction which will be alongside low to mid-level offenders while state prison will place you alongside career criminals and violent offenders.
When you face assault and battery charges, your legal team will have to look at your case and come up with a legal defense plan. Often times this can include self-defense, defense of another or defense of property. Your attorneys will look at these categories and see if any applies to your individual case. With self-defense, a person is allowed to act, very briefly in order to reasonably defend themselves. This defense cannot be used unless the person was attacked first or had a reasonable apprehension of being attacked.
In defense of another, an individual can use an amount of force to protect someone that would have been used to protect themselves. This, of course, can only be used based on the facts of the case. With the defense of property, the individual must be protecting their home or dwelling.
Overall, assault and battery cases are complicated. Individuals who face such charges will be in good hands by hiring an experienced criminal defense attorney such as Michael M. Monopoli and Mark L. Monopoli. Contact the law office today when facing assault and battery charges for quality legal assistance.