Assault and Battery on a Massachusetts Police Officer or Public Employee

Assault and battery is a violent crime that is treated seriously under Massachusetts law. Even more serious than committing this crime, though, is committing the crime of assault and battery against a Massachusetts police officer or public employee. If you have been charged with this crime, you need a skilled defense attorney on your side immediately. Call The Law Office of Paul R. Moraski directly today to learn about your legal rights. 

Elements the Prosecution Must Prove

When a person is convicted of assault and battery against a police officer or public employee, the burden is on the prosecution to prove the defendant’s guilt beyond a reasonable doubt. The elements that the prosecution must prove include:

  • The defendant made physical contact (i.e. touched) the defendant in question without reasonable reason to do so;
  • The defendant had intent to make physical contact—the touch was not accidental or unintentional;
  • The touching was done without the consent of the victim or it was intended to cause bodily harm;
  • The defendant knew that the alleged victim was a public employee or a police officer; and
  • The public officer or employee was acting in the course of their employment at the time of the offense (in other words, they couldn’t have been “off the clock” at the time of the assault). 

Penalties if Convicted

Assault and battery on a police officer or public employee is a misdemeanor offense, although the assault may be aggravated if bodily injury occurs. If a person is convicted of the misdemeanor offense, they can face imprisonment for between 90 days and 2.5 years, as well as a fine of up to $5,000. The crime will also appear on a person’s criminal record and could make it difficult to secure employment or housing in the future. 

Defenses to Assault and Battery on a Police Officer or Public Employee 

If you have been charged with assault and battery, you should hire an attorney as soon as possible. One of the most important things that your attorney will do is to help you to build your defense. Depending on the specifics of your case, you may be able to prove that you did not intend to make physical contact, that you did not make contact with the intent to cause harm, or that you didn’t know that the victim was a public employee or a police officer. When pleading “not guilty” isn’t a practical legal strategy, your attorney will work with you to understand options related to negotiating a plea deal. 

Get the Legal Help You Need Today

At The Law Office of Paul R. Moraski, we understand what you’re going through and how scary it can be to face criminal charges. To take action to protect yourself today, call us directly at (978) 397-0011 or send us a message online at your convenience. We are here to advocate for you!