- January 28, 2015
- Category: Cyber Law
Statistics say that alcohol is often behind assault and battery charges. Bars, concerts, lounges, sporting events and clubs are often the places where assault occurs. Alcohol is often connected to assault and battery in Massachusetts, together with domestic violence cases.
What Most People Don’t Know About This Charge
Most people think that hitting another person has to occur in order for assault charged to be filed. But this is not true as the legal definition of assault and battery in Massachusetts says otherwise. Assault doesn’t have to be connected with bodily harm, threatening someone with violence will be enough. In case physical contact occurs, this is considered battery. Again, physical contact doesn’t mean physical harm, if any contact occurs without the consent of another person, assault and battery charge can be filed.
You can often see that police officers in Boston make an arrest when the threat is followed by an attempt of physical action. Meaning, even when someone tries to push another person, police officers have enough reasons to make an arrest. The relevant statute is Massachusetts General Laws, Chapter 265. Any person that is found guilty for assault and battery in Boston will be punished with imprisonment and a fine. The maximum sentence is 2 and a half years in a jail and a $1,000 fine.
The most common versions of assault and battery in Boston are:
- Aggravated Assault & Battery
- Indecent Assault & Battery
- Assault with Intent to Commit a Felony
- Assault & Battery Upon a Child
- Assault with Intent to Rob or Murder
- Assault & Battery with a Deadly Weapon
These charges can be filed as a felony offense or as a misdemeanor, depending on severity of injuries, whether weapons are used, whether there was any previous charges made, etc. A defendant should hire an experienced Massachusetts criminal lawyer in order to improve his changes of being charged with a misdemeanor only. In some cases, a good Massachusetts criminal lawyer can prevent the charges from being made in the first place, thus saving his client from a lot of troubles down the road.
The Defense
A defendant has several legal defenses to this charge and which of them will be used depends on the circumstances and facts presented. It’s therefore important that as many details about the case are revealed to the Massachusetts criminal lawyer. Without this, it is impossible to create a good defense.
- Self defense – This type of defense can be claimed only if the person was attacked first or was under the threat of an imminent attack.
- Defense of another – A person can use force to protect not only himself/herself, but another person as well.
- Defense of property – If the home owner believes an intruder will cause injury to him/her or someone else in the home, he is allowed to use reasonable force as a defense. Meaning, the force used must not exceed the threat presented.
Assault and battery is a serious charge in the state of Massachusetts and it’s not a case that individuals can resolve on their own. No matter if there are any weapons used or not, the potential consequences are very serious. Anyone who is charged with this crime should contact a Massachusetts criminal lawyer in order to increase his chances in the court.
For more information and legal help from Massachusetts criminal lawyer http://elliotsavitz.com/
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