Assault and Battery
As a criminal trial attorney with twenty-five years trial experience, Attorney Kathleen M. McCarthy knows how to secure acquittals and the best results for clients. If you have been charged with assault and battery and want experience, skill and knowledge on your side, call Attorney McCarthy now at 978-975-8060. She can also be reached online twenty- four hours a day, seven days a week. There is always someone available to answer the phone to ensure that all inquiries receive prompt and meaningful attention.Win Your Assault and Battery Criminal Case
Armed with years of criminal law experience, Attorney Kathleen M. McCarthy has secured not guilty verdicts for clients charged with assault and battery. Extensive pre-trial investigation and thorough witness interviews has led to many satisfied clients and acquittals. Depending on the circumstances of a case, successful defenses are often that the alleged victim is simply lying or that a client acted in self- defense or in defense of another.
The crime of assault and battery is a misdemeanor, and therefore, defendants facing this charge are in the Massachusetts District Court. These types of cases are litigated in most courts including the Lawrence District Court, Haverhill District Court and Concord District Court. Haverhill District Court is located right on the highway at 45 Ginty Boulevard, Haverhill MA. Similarly easy to find are the Lawrence District Court, located in downtown Lawrence at 2 Appleton Street, and Concord District Court, located at 305 Walden Street a short ride off of route 2.Asserting a Self-Defense or Defense of Another Claim in Massachusetts
In Massachusetts, once the defendant has inserted the issue of self -defense or defense of another at trial the Commonwealth’s burden increases two-fold. At this point, not only does the Commonwealth have to prove the existence of an assault and battery beyond a reasonable doubt, but it also has to prove beyond a reasonable doubt that the defendant did not act in self-defense or in defense of another. Attorney McCarthy has successfully asserted this defense on trial. To prevail with this defense, it is imperative that all potential witnesses be interviewed prior to trial. Preparation is the key to success for all trial attorneys. Familiarity with the Massachusetts jury instructions relative to assault and battery, self-defense and defense of another is important for trial preparation. Attorney McCarthy is uniquely qualified to defend these types of cases as she has both trial and appellate experience.Massachusetts Assault And Battery
There are many circumstances which result in someone being charged with assault and battery. The obvious situation is when a person punches or hits someone on purpose for no particular reason and does not have the consent of the other party. This type of conduct is legally described as an intentional assault and battery. In order to prove this type of offense the government must demonstrate that: an individual touched someone without having any right or excuse; that the touching was intended; that the touching was either likely to cause bodily harm to the victim or was offensive and done without his or her consent. Consent is a defense to this type of Massachusetts criminal assault and battery.
The less obvious type is when a person does not intend to harm someone but has done something reckless that has caused injury to another. In order for the government to prevail under this theory, it must prove beyond a reasonable doubt that the defendant engaged in conduct that caused bodily injury to the complainant. The type of injury must be serious enough that it interferes with his or health or comfort. The type of injury does not have to be permanent, but it cannot be insignificant. Consent is not a defense to this harmful battery in Massachusetts.Massachusetts Penalties For Assault And Battery
If you are convicted of Assault and Battery in Massachusetts, you could face up to 2.5 years in jail or as much as a $1,000.00 fine. Assault and Battery is a misdemeanor in Massachusetts because the most severe possible penalty is a sentence to the house of correction or jail. There is no risk to a defendant of going to state prison if he or she is convicted of assault and battery. However, if you have been charged with this crime, an experienced and qualified lawyer is crucial to protecting your record and ensuring that you do not go to jail.Increased Penalties For Aggravated Assault And Batteries
Massachusetts laws also punish people for up to five (5) years in prison and/or a fine of up to $5,000.00 if the Assault and Battery causes serious bodily injury, is committed upon a person who is pregnant, or is committed upon a person who has a restraining order against the defendant at the time of the offense. The fact that there is a potential sentence for state prison incarceration means that these offenses are felony offenses. Any type of conviction for a felony is likely to have collateral consequences with present and future employers.