Assault and Battery

Engage Attorney McCarthy to Win Your Massachusetts Criminal Assault and Battery Case

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.

Case Results » Assault and Battery
  • Clerk Denies Application For Criminal Complaint Charging Assault And Battery

    A driver became annoyed when another motorist was discharging passengers in the middle of the street. After exchanging harsh words, the motorist began following the driver. Unfortunately an altercation ensued that resulted in the driver being charged with assault and battery. The charge stemmed from the motorist claiming that the driver spit at him during a confrontation.

    The driver received a summons for criminal complaint for assault and battery. Prior to the hearing the driver represented his version of events that included the motorist making racially improper statements to him and committing and assault and battery on him. A hearing was scheduled for the cross-complaints to be heard by a clerk magistrate. Following the hearing the client, driver, walked away without being charged with a crime.

    Read More in Defenses to Crimes

  • Assault And Battery Charge Dismissed Prior To Arraignment

    Following a clerk-magistrate's hearing a clerk issued a complaint that charged the defendant with assault and battery. The charge stemmed from an altercation that occurred at a local gym. Unfortunately, both participants were charged with the same crime.

    Prior to arraignment, Attorney McCarthy reached out to the prosecuting attorney and explained that at this time neither party wanted to pursue the charges. Although the case was the "Commonwealth's case" and not the parties, the prosecutor agreed not to prosecute as each individual had a 5th Amendment privilege not to testify. Resolving the case in this manner, early and prior to arraignment, ensures that the case will NEVER appear on a background check.

    Read More in Clerk Magistrate Hearings

  • Case To Be Dismissed Against Client Charged With Assault And Battery

    A pedestrian crossing the street congested with traffic became annoyed with the situation and started banging on the vehicles. One annoyed driver told him to stop it and the pedestrian responded by becoming aggressive. Following a verbal exchange the aggravated driver pushed the pedestrian and the former left the area. The police eventually tracked the driver down and he was summonsed to court and charged with assault and battery [M.G.L. ch. 265 section 13A].

    The prosecutor wanted a guilty finding to enter and the young defendant to be put on a long term of probation with onerous conditions. Attorney McCarthy stressed the defendant's lack of criminal record, education and commitment to work. The judge continued the case for a period of time to be dismissed provided the defendant does not get in any trouble. The defendant left the courthouse without any criminal conviction.

    Read More in Violent Crimes

Boston Criminal Defense Lawyer Blog - Domestic Assault and Battery