Are you or a loved one facing criminal allegations for assault and battery? No matter the circumstances, you need an experienced advocate on your side. The consequences of an assault and battery conviction can be severe and affect the rest of your life.
Securing the services of an experienced assault and battery defense in Norwell is the best way to beat the charges you face.
At Nate Amendola Defense, our Norwell criminal defense lawyers have the professional expertise that you can trust. Our results-driven defense strategies will put you in the best possible position to win your case. To request a completely free confidential consultation with an experienced Norwell criminal defense lawyer, please contact our law offices today.
Understanding Assault & Battery Laws in Massachusetts
It is important to have a general understanding of assault and battery in a criminal context. Although these two terms are often linked, they have separate and distinct legal definitions.
It is possible to face accusations of simple assault as a stand-alone offense in Massachusetts. However, there is no stand-alone ‘battery’ charge.
No actual application of force is required for conduct to be assault. Under Massachusetts law, the term is used to mean the intent to apply non-consensual physical force against another person. An actionable threat could be sufficient.
On the other hand, Massachusetts law defines the term battery as unauthorized, harmful, or offensive physical contact with another person. Actual physical force is required for a battery charge to be justified.
For a free legal consultation with an assault and battery lawyer serving Norwell, call (781) 740-0800
You Have the Right to Defend Yourself Against an Assault and Battery Charge
Assault and battery is a major criminal charge in Norwell. It requires a serious and proactive legal defense. Of course, every person facing any type of criminal charge in Massachusetts (whether a misdemeanor or a felony) is presumed innocent until proven guilty in a court of law. You have the right to raise a defense.
Notably, a number of different defenses can be raised against assault and battery charges. Here are four of the most common defenses a criminal defense lawyer is likely to use in your case:
- Self-defense
- Defending others
- Mistaken identity
- Insufficient evidence
Self-Defense
In some instances, the accused may claim they were protecting themselves from imminent harm. For a self-defense strategy to be successful, your criminal defense lawyer must demonstrate that:
- The accused believed they were in immediate danger.
- The response was reasonable under the circumstances.
- They used no more force than necessary to thwart the threat.
Defending Others
Along similar lines, a criminal defense attorney can argue their client was acting to protect another person from immediate harm.
The accused must show that they genuinely perceived an immediate threat to the third party, their response was appropriate given the circumstances, and they used only necessary force to neutralize the danger.
Mistaken Identity
Another defense centers around mistaken identity, asserting that the accused was not the actual perpetrator of the crime.
This defense often relies on alibi evidence, witness testimony, or inconsistencies in the identification process, asserting that the prosecution targeted the wrong person.
Insufficient Evidence
The district attorney’s office in Plymouth County always bears the burden of proof when bringing criminal charges. The defense can contend that the prosecution’s evidence is insufficient to prove guilt beyond a reasonable doubt.
Among other things, this defense could involve challenging the credibility of witnesses, questioning the reliability of physical evidence, or demonstrating inconsistencies in the prosecution’s narrative.
If you can prove insufficient evidence in a magistrate hearing at the beginning of your case, the clerk magistrate may throw out your case before criminal proceedings move forward.
Norwell Assault and Battery Lawyer Near Me (781) 740-0800
We Handle All Types of Assault and Battery Charges in Norwell, MA
With a conveniently located law office in Norwell, our criminal defense team handles the full spectrum of assault and battery charges. Our legal experience and knowledge of Massachusetts criminal law allow us to defend our clients robustly.
Some of the Specific Charges our Trial Lawyers Can Help You Fight Include:
- Simple Assault: We handle cases involving allegations of attempted physical harm or threat of violence, ensuring that your side of the story is clearly presented in court.
- Assault by Dangerous weapon: Charges involving the use of a weapon escalate the severity of the case. We meticulously analyze the evidence, challenge the prosecution’s narrative, and strategize an effective defense.
- Assault and Battery: When charged with intentional and unwanted physical contact, we work diligently to dismantle the accusation by questioning the credibility of witnesses or highlighting inconsistencies in the prosecution’s case.
- Assault and Battery by Dangerous weapon: For this serious charge, we scrutinize the evidence and the circumstances surrounding the case to build a strong defense.
- Assault and Battery Against Someone Within the Family or Household: Navigating such charges requires sensitivity and understanding. We aim to minimize the emotional and legal impact while offering a robust defense.
- Indecent Assault and Battery: Facing such allegations can be devastating. We defend your rights while preserving your reputation, focusing on the evidence and the law.
- Assault and Battery on a Police officer: When charged with this serious criminal offense, we work to counter the heavy weight of the accusation and ensure that you receive a fair trial.
- Assault and Battery on an Elderly Person (60-plus): We marshal a compassionate yet vigorous defense, contesting the prosecution’s narrative and challenging the evidence.
- Domestic Violence: Cases involving domestic violence require a nuanced and strategic approach. We provide a thorough defense while considering the sensitive nature of such charges.
- Bodily Injury: If you are accused of causing bodily injury, we focus on the specifics of the incident, the evidence, and your defense to challenge the prosecution’s case.
- Aggravated Assault: These charges carry severe penalties. We carefully examine all aspects of the case, from the severity of the alleged attack to the context, to build a compelling defense. This includes cases involving an assault on a pregnant woman, where the charges are elevated due to the increased severity.
While the potential penalties for an assault and battery conviction will vary depending on the particulars of the crime, even a simple assault charge can result in serious consequences, including jail time that affects the rest of your life.
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Why Defendants Trust Nate Amendola Defense
Facing a criminal charge is stressful and confusing. An assault and battery charge is certainly no exception. Founded by top Massachusetts criminal defense lawyer Nate Amendola, we have the professional expertise you can count on in these cases.
When you contact our Norwell office, you will have a chance to speak to a Massachusetts assault and battery defense attorney who can:
- Listen to your story and answer questions about your rights and the next steps
- Investigate the criminal allegations charges, building a case to defend you
- Represent you before police and prosecutors in Plymouth County
- Craft a comprehensive, personalized strategy to protect your rights and future
Our client testimonials and case results tell the story of our success in helping people facing criminal charges.
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Contact Our Norwell Assault and Battery Attorney Today
If you are found guilty of assault and battery, potential outcomes could include significant fines, imprisonment, and a permanent criminal record.
At Nate Amendola Defense, our experienced Norwell assault and battery attorney is devoted to providing the absolute highest level of personalized representation. Our criminal defense law firm is ready and eager to help you fight the charges against you and secure a favorable outcome for your case.
Contact us now by calling or completing our online contact form to arrange your fully confidential, no-obligation consultation.
Call or text (781) 740-0800 or complete a Free Case Evaluation form
