Massachusetts takes the crimes of assault and battery very seriously. In general, assault involves either intentionally attempting to commit a battery (an offensive bodily injury or touching) or placing another person in imminent fear of bodily injury. Although simple battery is frequently classified as a misdemeanor, aggravated forms of this crime are often punished as felonies.
But it is still quite easy to be charged with assault unfairly. In any fight where someone is hurt, if the police are involved someone is getting arrested, but it might not be the person responsible for starting it. They might arrest both people involved, or just the person who seems to have gotten the worst of it. And that often isn’t fair.
Assault Laws in Massachusetts
Massachusetts General Laws, Chapter 265: Crimes Against the Person, Section 13A
Under the laws of this state, anyone who “commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 2 and ½ years in a house of correction or by a fine of not more than $1,000.”
Although this statement first appears to address all crimes of this type, it’s actually only provides a general overview of this crime and one limited penalty range. For example, Section 13A (b) of this same Chapter 265 sets forth additional penalties, based upon the identity of the person harmed – and the degree of inflicted injuries.
In pertinent part, the statute says that anyone who commits assault and battery and causes serious bodily injury to (1) someone they know is pregnant; or (2) a person who has an outstanding temporary or permanent vacate, restraining or no contact order or judgment . . . “shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not more than 2 and ½ years” and/or by a fine of not more than $5,000.
Special Victims of Assault and Battery
Numerous other portions of Section 13A, Chapter 265 address the punishments assigned to those who commit assault and battery against special groups of individuals including:
- Children. Indecent assault and battery against a child under the age of 14; (See Section 13B). Also, See Section 13J entitled “Assault and battery upon a child; penalties;”
- Public employees. Crimes against these individuals are referenced in Section 13D;
- Individuals suffering from an intellectual disability. Section 13F reviews this crime and its associated punishment;
- Anyone injured while a debt is being collected. Section 13C looks at this crime;
- People are elderly or disabled. Section 13K reviews this crime and the accompanying penalties for those who commit it.
Massachusetts legislators have clearly sought to address every type of assault and battery while assigning various punishments based upon the different groups of special victims.
If you are accused of an assault offense, whether you were arrested on the spot, or got a summons to a clerk magistrate’s hearing, call me for a criminal legal consultation to find out what you need to do to protect your rights!
