Assault and Battery
When threats are made or in the event that someone physically attacks another, the crimes that are committed are assault and assault and battery, respectively, the difference being the use of physical contact in the latter.
If a person acts in a threatening manner toward another person, that is assault by simply making another person feel threatened. You can be charged with assault even if there was no physical contact. If you attempt to strike, hit or touch another person in a violent manner, it can be considered an assault.
Battery involves physical contact, no matter how minor the injury. Battery is when you touch another person in a violent manner, intentionally and without justification. You can also be charged with battery if you throw something at another person, spit at them or employ any sort of aggressive behavior. Battery is a more serious crime than assault.Potential Penalties/Charges
These charges can be filed either as a misdemeanor, or as a felony offense. Under Massachusetts law, a misdemeanor assault or misdemeanor assault and battery are both punishable by up to 2.5 years in a county jail and fines reaching $1,000.
A felony assault and battery, for example, is when there is a protection order in place at the time of the assault, if the victim is pregnant, or if the assault results in serious bodily injury. Then, the penalty can be doubled - up to 5 years in a state prison - and fines up to $5,000.
The penalties increase with the severity, especially if the victim is a child, developmentally disabled, an emergency medical technician or ambulance attendant, a public utility worker, law enforcement official, or a person over the age of 65.Types of Assault and Assault and Battery
Assault and assault and battery charges include, but are not limited to:
- Assault with a Dangerous Weapon
- Assault & Battery
- Assault & Battery with Dangerous Weapon
- Assault & Battery Causing Serious Injury
- Assault & Battery, Person Protected by an Abuse Prevention Order
- Assault &Battery on a Police Officer or Public Employee
- Assault &Battery on a Child under 14 Causing Bodily Injury
- Assault &Battery on a Pregnant Woman
- Assault & Battery on a Person with an Intellectual Disability
- Armed Robbery
- Unarmed Robbery
- Armed Assault in a Dwelling House
- Assault with Intent to Murder/Kill
- Armed Assault with Intent to Rob or Murder
- Custodial Interference by Relative
- Indecent Assault & Battery
- Indecent Assault & Battery on a Child Under 14
- Indecent Assault & Battery on a Person with an Intellectual Disability
- Enticing a Child under 16
- Reckless Endangerment of a Child under 18
The more common charges in Massachusetts include, aggravated assault and battery, indecent assault and battery, assault and battery on child, assault and battery with a dangerous weapon, assault with intent to murder, and assault with intent to commit a felony.
No matter where it falls on the scale, assault and assault and battery are serious crimes, and if you are convicted, jail time, fines, and a permanent criminal record will results. Moreover, being convicted of these types of crimes may also hinder your ability to find gainful employment, housing, and even travel domestically or internationally.
Boston criminal defense lawyer George N. Papachristos has worked criminal cases from the other side. He has been involved in criminal investigations, prosecutions, and negotiations. If you are facing criminal charges in the Quincy, Dedham, or Boston areas, let him put the knowledge and skills he gained as a prosecutor to work for you. Please call (617) 328-7100 or contact us online, and let the Law Office of George N. Papachristos fight for you.