Assault and Battery Defense Lawyer
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Assault and Battery Lawyer
Assault and battery is an act that can occur in the blink of an eye, with the assailant and the victim often left wondering what happened. Common when emotions run high or intoxicating substances are involved, assault and battery is an extremely serious crime that can carry severe criminal penalties. If you have been charged with assault and battery in Massachusetts, do not wait to seek legal counsel – call an experienced assault and battery criminal defense attorney to begin the process of protecting your legal rights.
Defining Assault and Battery in Massachusetts
First, it is important to understand that there is a difference between the crime of “assault” and the crime of “assault and battery.” The first is defined as attempting to use physical force against another or demonstrating an intention to use physical force against another. Per this definition, then, a person can commit assault without actually causing injury to another person. Assault and battery, on the other hand, occurs when the defendant actually touches another person without the person’s consent, and in a way that is likely to cause bodily harm. Therefore, actually hitting someone is assault and battery, whereas just lunging at someone – but missing – could be considered assault.
The Penalties for Assault & Battery in Massachusetts
The penalty for assault and battery depends on the degree of harm sustained by the victim. For obvious reasons, an act of assault and battery that causes serious bodily injury will be punished more harshly than one that does not. According to Chapter 265, Section 13A of Massachusetts General Laws, whoever commits assault and battery shall be fined by not more than $1,000, or imprisonment of not more than 2.5 years.
However, a person who commits assault and battery that leads to serious bodily injury can be incarcerated in a state prison for up to five years, or/and a fine of up to $5,000. The penalties change if the crime is committed against an elderly or disabled person, a child, or a government employee, or is committed with the intent to murder, maim, or disfigure.
Why You Need a Criminal Defense Attorney
An assault and battery criminal defense attorney can be a valuable asset when facing such charges in Massachusetts. Not only can an attorney help you to explore defenses to the charges – such as self defense, defense of others or intoxication – but can also guide you through negotiating a plea deal, understanding potential consequences, and gathering evidence that supports your side of the story.
At The Law Offices of Paul R. Moraski, our assault and battery criminal defense attorney will fight to protect your rights. You do not want to have to go to prison or be liable for thousands of dollars in fines – let attorney Moraski help you when you have been charged with a crime.