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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.
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.
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…
If you’ve been notified that you’re being charged with this, your punishment could be…
If these charges have been laid against you, you could be sentenced to…
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:
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.
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.
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.
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.
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.
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.