Assault and Battery Defense Lawyer in Massachusetts
Being charged with assault and battery in Massachusetts can lead to serious legal consequences. These allegations often arise from disputes that escalate quickly and may result in arrest, criminal charges, and court-imposed restrictions. In many situations involving family members or people in a dating relationship, prosecutors may pursue the case as Domestic Assault & Battery, which is treated as a form of domestic violence under Massachusetts law.
If you have been accused of assault and battery or Domestic Assault & Battery, it is important to seek experienced legal representation as soon as possible.
Attorney Michael G. Bradley is a former prosecutor with decades of courtroom experience defending individuals facing assault-related charges throughout Massachusetts.
What Is Assault & Battery Under Massachusetts Law?
Under Massachusetts law, assault and battery generally refers to the unlawful and unconsented touching of another person that would be considered harmful or offensive. The physical contact does not have to cause an injury. Even minor physical contact may lead to criminal charges.
Examples of conduct that may result in assault and battery charges include:
- Hitting or punching
- Pushing or shoving
- Slapping or grabbing
- Throwing objects
- Spitting or other offensive physical contact
When the alleged victim is a spouse, family member, or person in a dating relationship, the charge may be prosecuted as Domestic Assault & Battery, which falls within the broader category of domestic violence defense cases in Massachusetts courts.
Domestic Assault & Battery Charges
Charges of Domestic Assault & Battery are among the most common domestic violence offenses prosecuted in Massachusetts district courts. Police responding to domestic disputes often make an arrest if they believe there is probable cause that an assault occurred.
Once charges are filed, the case is prosecuted by the Commonwealth of Massachusetts. This means the case may proceed even if the alleged victim later requests that the charges be dropped.
Domestic violence cases may also involve protective court orders, such as a 209A restraining order, which can require the accused person to avoid contact with the alleged victim or stay away from certain locations.
Penalties for Assault & Battery
The maximum penalty for a conviction of assault and battery in Massachusetts is 2½ years in a house of correction. The sentence imposed will depend on factors such as the circumstances of the incident, the severity of the alleged conduct, and the defendant’s criminal history.
When a case involves Domestic Assault & Battery, courts may also impose additional conditions, including mandatory counseling programs or compliance with a 209A restraining order issued by the court.
Aggravated Assault & Battery
Certain circumstances may elevate an assault and battery charge to aggravated assault & battery, which can carry more serious penalties. This may occur when the alleged victim is considered a protected person under the law, such as:
- Individuals over the age of 65
- Pregnant women
- Individuals with recognized disabilities
If these factors are present, the charge may be treated as a felony and could carry penalties of up to five years in state prison.
Assault & Battery with a Dangerous Weapon
A charge of Assault & Battery with a Dangerous Weapon (ABDW) occurs when prosecutors allege that an object capable of causing serious harm was used during the assault. Massachusetts law defines dangerous weapons broadly, and even everyday objects may fall within this definition depending on how they were used.
Assault Charges and Protective Orders
In many cases involving allegations of assault between individuals who know each other, courts may also issue protective orders designed to prevent further contact. These may include a 209A restraining order in domestic situations or a 258E harassment prevention order in cases involving harassment, threats, or repeated unwanted contact.
Violating either a 209A restraining order or a 258E harassment prevention order can result in additional criminal charges.
Experienced Assault & Battery Defense
Assault and battery cases often involve conflicting statements, emotional circumstances, and limited physical evidence. A strong legal defense requires careful analysis of police reports, witness statements, and the events surrounding the alleged incident.
As a former prosecutor, Attorney Michael Bradley understands how assault cases are investigated and prosecuted in Massachusetts courts. He uses this experience to identify weaknesses in the prosecution’s case and develop effective defense strategies.
Speak With a Massachusetts Assault & Battery Defense Attorney
If you or someone you know has been charged with Domestic Assault & Battery, assault and battery, or a related offense, it is important to act quickly.
Attorney Michael Bradley provides experienced criminal defense representation for individuals facing assault charges throughout Massachusetts. With offices in Quincy and Norwell, he represents clients across Suffolk County, Norfolk County, Plymouth County, Bristol County, Cape Cod, and the South Coast, including Boston, Braintree, Brockton, Dedham, Fall River, New Bedford, Plymouth, Quincy, Taunton, Wareham, Weymouth, and surrounding communities.
Contact Attorney Michael Bradley today to request a confidential case evaluation and discuss your legal options.