New Bedford Assault and Battery Lawyer Serving Massachusetts

In Massachusetts, there are several scenarios that may result in assault and battery charges being made against you. Barroom fights, road rage, college parties, neighborhood conflicts, and even domestic disputes are common sources of these charges.

Unfortunately, law enforcement officials have a habit of using assault and battery charges as a catch-all for a wide variety of criminal activities. This means that alone, it’s very challenging to navigate the ocean of legal proceedings laid out before you. But this is what Courtney K. Fogarty does best—she’s a New Bedford assault and battery lawyer with over a decade’s experience handling assault and battery crimes.

Courtney will work with you to construct an iron-clad defense and tear down as much of the prosecution’s evidence as possible.

Assault and Battery Penalties

In the Commonwealth of Massachusetts, all varieties of assault and battery charges carry very severe penalties and punishments.

Trying to beat these charges on your own is ill-advised, as you’re facing serious prison time in all scenarios. Working with a skilled and experienced New Bedford assault and battery lawyer is your best bet at reclaiming your freedom and future.

The state will charge you with either a misdemeanor or felony depending on the circumstances, which will impact the punishment you’re facing. If you’re charged with a misdemeanor, you can spend up to 2.5 years in county jail. But if you’re charged with a felony, you’re looking at a minimum of 2.5 years in state prison.

Then there are the penalties for each specific type of charge, separate from the misdemeanor/felony classification. Here are some of the most common cases Courtney has defended.

Assault and Battery on a Public Employee

This most often relates to a police officer, but covers any public employee in the state of MA. If you’ve been charged under this statute, you’re facing…

• Up to 2.5 years of jail time
• Up to $5,000 in fines

Assault and Battery on a Household or Family Member

If you’ve been notified that you’re being charged with this, your punishment could be…

• Mandatory minimum sentence of 90 days in jail, up to 2.5 years in jail
• Mandatory minimum fine of $500, up to a $5,000 fine

Assault and Battery Which Causes Serious Bodily Injury

If these charges have been laid against you, you could be sentenced to…

• Up to 5 years in a state prison
• Up to $5,000 in fines

Types of Assault and Battery Charges

When you hear “assault,” you probably think of physical contact. Most people do. But in Massachusetts, “assault” refers only to the threat of violence. If you’re facing assault charges, the victim was afraid for their personal safety and expected to be struck—but never actually were.

Assault and battery charges, however, mean physical contact was made without the victim’s consent. Here are some of the most serious and most common types of assault and battery charges:

• Assault with Intent to Commit a Felony
• Assault and Battery with a Deadly Weapon
• Assault and Battery Upon a Child
• Assault with Intent to Murder or Rob
• Aggravated Assault and Battery

But this is just the tip of the iceberg. The type of weapon, the severity of harm inflicted, your past convictions, or the existence of a protection/restraining order will all carry quite a bit of weight in how you’re formally charged.

Potential Defenses For Assault and Battery Cases in Massachusetts

In Courtney’s experience as a New Bedford assault and battery lawyer, she’s seen 3 common potential defenses used successfully: self-defense, accidental, and consensual.

It’s unfortunately frequent that someone fights in self-defense, wins, and lands themselves with an assault and battery charge. Defending yourself, another person, or your property all fall under this umbrella. If this has happened to you or someone you know, Courtney will work with you on a custom-tailored defense strategy.

In other cases, the clearest path is to simply make it impossible for the state to prove harm was caused intentionally. Whatever your situation may be, Courtney always advocates aggressively and zealously for her clients.

She’ll explore every possible resource by looking at how you were charged, how much evidence is present, the quality of that evidence, and your own personality. She works endlessly to secure a reduction of your charges or entire dismissal when possible.

FAQS

What is the definition of assault and battery in Massachusetts??

In Massachusetts, Assault and Battery charges can be incurred if you deliberately touch the victim in a way likely to harm them, or without the victim’s consent. But there is a difference between assault charges versus assault and battery charges.

Assault means the victim was imminently fearful of harm, but you never made contact. If you’re charged with assault and battery, you allegedly made contact with the victim.

What Happens if You Are Injured in a Fight at a Bar or Club in Massachusetts?

If you’re injured in a fight at a bar or club in Massachusetts, there’s a real possibility of having a claim for your injuries. Whether you are hurt in the fight or from a slip and fall, you and Courtney can pursue the bar or club. There are several different avenues available depending on the specifics of your situation.

Can the Commonwealth Prosecute a Domestic Assault and Battery if Your Wife or Girlfriend is Not Willing to Testify?

Yes, the Commonwealth can attempt to prosecute you for domestic assault and battery even if your wife or girlfriend is not willing to testify. It’s actually incredibly common that partners aren’t willing to testify in these cases.

The prosecution will instead try to prove your guilt through testimony from another witness, the 911 call recordings, and statements you make. This is why it’s so important for you to work with an expert New Bedford assault and battery lawyer.

What are the potential consequences if I am convicted of assault and battery in Massachusetts?

If you are convicted of assault and battery in Massachusetts, the potential consequences include:

1. Imprisonment: A conviction for assault and battery can result in a jail sentence, ranging from a few days to several years, depending on the severity of the offense.
2. Fines: You may be required to pay a fine, which can range from several hundred to several thousand dollars.
3. Probation: The court may also impose probation, requiring you to meet certain conditions, such as regular check-ins with a probation officer and community service.
4. Restraining order: The court may issue a restraining order, prohibiting you from having any contact with the victim.
5. Criminal record: A conviction for assault and battery will result in a criminal record, which can impact your future job prospects and other areas of your life.
6. Loss of rights: Depending on the circumstances of the case, a conviction for assault and battery may result in the loss of certain rights, such as the right to own firearms.

It is important to note that the consequences of a conviction for assault and battery in Massachusetts can vary depending on the specific circumstances of the case, and the discretion of the judge. An experienced criminal defense lawyer can provide guidance on what to expect in your case.

What are some possible defenses against assault and battery charges in Massachusetts?

There are several possible defenses against assault and battery charges in Massachusetts, including:

1. Self-defense: If you acted in self-defense or defense of others, you may have a valid defense against assault and battery charges.
2. Lack of intent: The prosecution must prove that you intended to cause harm or were recklessly indifferent to the possibility of causing harm. If you did not intend to cause harm, you may have a defense against assault and battery charges.
3. Mistaken identity: If you were mistakenly identified as the person who committed the assault and battery, you may have a defense.
4. Consent: If the victim consented to the physical contact that is the basis of the assault and battery charge, you may have a defense.
5. False allegations: Sometimes, individuals may make false allegations of assault and battery, either due to misperception, a desire for revenge, or other reasons.

It is important to note that these defenses may not be applicable in every case, and that the specific facts and circumstances of each case will dictate which defenses are available. An experienced criminal defense lawyer can help you determine the best defense strategy in your case.

How can a criminal defense lawyer help me if I am facing assault and battery charges in Massachusetts?

A criminal defense lawyer can help you in several ways if you are facing assault and battery charges in Massachusetts, including:

1. Investigate the charges: A criminal defense lawyer can thoroughly investigate the charges against you, including reviewing police reports and interviewing witnesses, to build a strong defense.
2. Negotiate a plea deal: If appropriate, a criminal defense lawyer can negotiate a plea deal on your behalf, which may result in reduced charges or a more lenient sentence.
3. Represent you in court: An experienced criminal defense lawyer can represent you in court, presenting a strong defense on your behalf and advocating for your rights.
4. Provide guidance and support: A criminal defense lawyer can provide guidance and support throughout the legal process, answering your questions and addressing your concerns.
5. Protect your rights: A criminal defense lawyer can ensure that your rights are protected throughout the legal process, including protecting you against unlawful searches and seizures, and ensuring that you receive a fair trial.

It is important to have a skilled and experienced criminal defense lawyer on your side if you are facing assault and battery charges in Massachusetts. An experienced lawyer can help you understand the charges against you, the potential consequences, and your legal options, and provide the strongest possible defense on your behalf.

Will I have to go to trial if I am charged with assault and battery in Massachusetts?

Whether you will have to go to trial if you are charged with assault and battery in Massachusetts depends on the specific circumstances of your case and your legal options.

In some cases, the prosecution may agree to a plea deal, which would allow you to avoid going to trial. A plea deal may involve pleading guilty to reduced charges in exchange for a lighter sentence.

In other cases, the prosecution may choose to proceed to trial. If this happens, a trial will be held, and a judge or jury will determine your guilt or innocence based on the evidence presented.

It is important to discuss your legal options with an experienced criminal defense lawyer, who can advise you on the best course of action in your case and represent you in court, if necessary.

How does the prosecutor have to prove the elements of assault and battery in Massachusetts?

In Massachusetts, the prosecution must prove the following elements in order to convict someone of assault and battery:

1. Intent: The prosecution must prove that the defendant intended to cause harm or was recklessly indifferent to the possibility of causing harm.
2. Physical contact: The prosecution must prove that the defendant made physical contact with the victim.
3. Harm: The prosecution must prove that the physical contact caused harm to the victim, either directly or indirectly.

It is important to note that the level of harm required to support an assault and battery charge can vary depending on the specific circumstances of the case. For example, a more serious injury will likely result in more severe charges and a more severe punishment.

The prosecution must prove each of these elements beyond a reasonable doubt in order to secure a conviction for assault and battery. An experienced criminal defense lawyer can challenge the prosecution’s evidence and argue that the elements have not been met, thereby raising reasonable doubt in the mind of the judge or jury.

Can I be charged with both assault and battery for the same incident in Massachusetts?

Yes, you can be charged with both assault and battery for the same incident in Massachusetts. Assault and battery are two separate criminal offenses, and an individual can be charged with both for the same conduct.

Assault refers to an intentional or reckless act that puts another person in reasonable fear of imminent physical harm. Battery refers to the actual physical contact that results in harm.

Therefore, if you are accused of threatening to harm someone and then carrying out that threat through physical contact that causes harm, you could be charged with both assault and battery for the same incident.

It is important to note that the specific charges and penalties you face will depend on the specific circumstances of your case, including the nature of the physical contact and the extent of the harm caused. An experienced criminal defense lawyer can help you understand the charges against you and the potential consequences, and provide a strong defense on your behalf.

How does the severity of the injury impact the charges and penalties for assault and battery in Massachusetts?

The severity of the injury can have a significant impact on the charges and penalties for assault and battery in Massachusetts. In general, the more serious the injury, the more severe the charges and the more severe the potential punishment.

For example, if the victim suffered a minor injury, such as a bruise or a scratch, the defendant may be charged with simple assault and battery, which is a misdemeanor. However, if the victim suffered a serious injury, such as a broken bone or a permanent scar, the defendant may be charged with aggravated assault and battery, which is a felony.

The specific charges and penalties will depend on the specific circumstances of the case, including the nature of the physical contact and the extent of the harm caused. An experienced criminal defense lawyer can help you understand the charges against you and the potential consequences, and provide a strong defense on your behalf.

Can a plea deal be reached in my assault and battery case in Massachusetts?

Yes, a plea deal can be reached in an assault and battery case in Massachusetts. A plea deal is an agreement between the defendant and the prosecution in which the defendant pleads guilty to reduced charges in exchange for a lighter sentence.

Plea deals can be a good option for defendants who want to avoid the uncertainty and stress of a trial, or who believe that the evidence against them is strong and that they would likely be convicted if the case went to trial.

However, it is important to note that a plea deal should only be entered into with the advice of an experienced criminal defense lawyer. A plea deal can have long-term consequences for a defendant, including a criminal record, and should not be entered into without a full understanding of the charges and the potential consequences.

Your criminal defense lawyer can discuss your options with you and help you determine whether a plea deal is a good option in your case. They can also negotiate with the prosecution on your behalf and help you reach the best possible agreement.

Will my prior criminal record affect my assault and battery case in Massachusetts?

Yes, a prior criminal record can affect your assault and battery case in Massachusetts. If you have a prior criminal record, the prosecution may view you as a higher risk and may be less likely to offer a plea deal or may seek a more severe sentence if you are convicted.

Additionally, if you have a prior conviction for a similar or related offense, the prosecution may argue that you have a pattern of criminal behavior and may use this to support a more severe sentence if you are convicted.

It is important to discuss your prior criminal record with an experienced criminal defense lawyer, who can advise you on how it may impact your case and help you understand the potential consequences. Your criminal defense lawyer can also use your prior record to argue for a more favorable plea deal or sentence, if appropriate.

In general, having a prior criminal record can make it even more important to have strong legal representation in an assault and battery case, as your lawyer can help you navigate the legal system and defend your rights.

Contacting a New Bedford Assault and Battery Lawyer

Together, Courtney will work with you to dismantle the Commonwealth’s evidence and ideally get your case dismissed. Just contact Criminal Defense Attorney Courtney K. Fogarty from Fogarty Law today to book your free consultation, completely free of charge.