Understanding Details About Assault And Battery In Massachusetts
Massachusetts law sees assault and battery as two different offenses, although the penalties for both these offenses are practically the same. 2.5 years behind the bars and $1,000 fine is the maximum penalty for assault and battery in Massachusetts.
Difference Between Assault And Battery In Massachusetts
Of course, there are some big differences that you should understand here. An assault occurs when one person threatens another person or acts in a threatening way towards the person that feels it is being threatened. Something more than words needs to be unleashed here, but physical contact doesn’t have to occur in order for assault charges to be be filed. If one person only attempts to touch or hit another person, assault charges can be filed.
Next, battery occurs when one individual touches another individual in a violent manner. It’s not important how intense the contact that occurred is, what the prosecution will be looking at is if this contact was justified and was it intentional. If one person purposefully touched another person, it’s considered a battery. For example, if you throw something on another individual or engage this individual in some kind of aggressive behavior, you could be charged with battery.
Several Examples Of Assault And Battery In Massachusetts
A simple talk that turns into violent shoving and pushing match, an argument that gets physical, a bar fight, throwing rocks can be charged as assault and battery.
Even though most people think that some kind of weapon has to be involved for someone to get charged with assault and battery, that’s not the case. Anything you can throw at someone or anything you can use to hit someone can be a weapon – rock, plate, shoe, etc. And no matter which of these you use to attack another person, you will be charged with assault and battery.
Why You Need A Boston Criminal Defense Lawyer
What weapons you used and what kind of injuries you caused will play a significant role in determining if your assault and battery is a felony or a misdemeanor. Other circumstances will also influence the severity of punishment you might get, like: was the victim a child, a law officer, a mentally retarded person, etc. You will need to contact an experienced Boston criminal defense lawyer to help you get all the facts and details about your case and build a strong defense. In some cases, charges can be dropped, which would be the best possible solution for you. Even if you do not get convicted, this event will influence your life significantly.
And in case you get convicted, you can be sentenced for 2.5 years jail time. In case you get convicted with a felony, you can get more than 2.5 prison time. Once you get out of jail, you will have great difficulties with finding a job and a place to rent. For this reason, it is important that you take this matter seriously and hire a criminal defense attorney as soon as possible.
Get legal advice from a Boston criminal defense lawyer http://elliotsavitz.com/