Assault and Battery Defense Lawyer in Massachusetts

Assault and Battery Charges in Massachusetts

Massachusetts law treats assault and battery as distinct offenses. Assault is placing another person in reasonable apprehension of imminent physical harm, a threat or threatening gesture. Battery is the intentional harmful or offensive touching of another person without their consent. Both charges can be brought in the same incident, and the severity ranges from simple assault and battery (a misdemeanor) to aggravated assault and battery (a felony) depending on the circumstances. Attorney Jeffrey C. Lavey defends assault and battery charges throughout Middlesex County and Massachusetts.

Potential Consequences of an A&B Conviction

An assault and battery conviction in Massachusetts can result in jail time, probation, a criminal record that affects employment, housing, and professional licensing, and in domestic context cases, loss of firearm rights and mandatory batterer intervention programs. The specific consequences depend on the charge level: simple A&B; A&B with a dangerous weapon; A&B causing serious bodily injury; and aggravated A&B each carry different potential penalties. Attorney Lavey explains the specific charges and their potential consequences at the initial consultation.

Common Defense Strategies

• Self-defense: the defendant used reasonable force to protect themselves from imminent physical harm
• Defense of others: the defendant used reasonable force to protect a third person from imminent harm
• Mutual combat: both parties voluntarily engaged in the altercation
• Lack of intent: the alleged contact was accidental rather than intentional
• Misidentification: the defendant was not the person who committed the charged act
• False allegations: the alleged victim fabricated or exaggerated the incident

The Self-Defense Framework in Massachusetts

Massachusetts recognizes self-defense as a complete defense to assault and battery charges. To establish self-defense, the defendant must have had a reasonable belief that they were in imminent danger of physical harm, must have used no more force than reasonably necessary to protect themselves, and must not have been the initial aggressor in the confrontation. If all of these elements are established, the defendant is not criminally liable for the resulting contact. Attorney Lavey evaluates the self-defense claim in every assault and battery case and presents it where the facts support it.

Domestic Assault and Battery Cases

Assault and battery charges in domestic contexts, between intimate partners, family members, or household members, are prosecuted under separate statutory provisions with mandatory arrest policies and enhanced consequences. Protective orders and “no-contact” conditions of bail are commonly imposed. Attorney Lavey provides defense in domestic assault and battery cases with the same thoroughness as any criminal matter, while advising clients carefully on the specific procedures and restrictions that apply in domestic cases.

Frequently Asked Questions