Assault and Battery Lawyer in Massachusetts

An Overview of Assault and Battery in Massachusetts

In Massachusetts, assault is one type of criminal offense, and assault and battery is another type. There are also many other separate laws addressing various types of specific assault and battery charges, such as committing this offense against a police officer or assault with a dangerous weapon. Assault and battery are two different things. You can be charged with simple assault, but you cannot be charged with battery by itself in Massachusetts. Having a Massachusetts criminal defense attorney by your side to help you understand the nuances of the law.

Assault: refers to the attempt to use physical force against another person or show the intention to use force against them. Assault can be charged without any actual physical contact being made.

Battery: is the harmful or offensive, unpermitted touching of another person. In contrast, assault and battery require some form of deliberate and unwanted physical touching of the victim.

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Other Common Assault and Battery Charges in Massachusetts

Massachusetts Assault and Battery Lawyer Near Me (781) 740-0800

An Overview of the Legal Defenses that Can Be Raised Against an Assault and Battery Charge

A charge for assault and battery is not the same thing as a conviction. Every person who has been charged with a crime in Massachusetts is presumed innocent until proven guilty. You have every right to raise a zealous, aggressive defense against false or unjustified criminal charges, including assault and battery allegations. Some defenses that may be raised in these cases include:

Self-Defense

Perhaps the most common defense in assault and battery cases, a defendant may be excused from criminal liability on the grounds that they acted in self-defense on the reasonable belief that they were in imminent danger of harm.

Defense of Others

Similar to self-defense, if you acted to protect another person who you believed was in imminent danger of harm and used reasonable force to do so, you may be able to argue that you were defending someone else.

Lack of Evidence

The burden of proof always rests on the shoulders of the prosecution. The case should be dismissed if they lack the evidence to prove every element of the crime.

Mistaken Identity

If evidence suggests that you were not the person who committed the assault and battery, you may be able to raise a mistaken identity defense. In some cases, an assault and battery did occur, but the police charge the wrong person.

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FAQs About Assault and Battery (A&B) in Massachusetts

Should I Give a Statement to Police After an Arrest for Assault and Battery?

You should avoid providing a statement to police unless you have a Massachusetts criminal defense lawyer by your side. You are not required to provide a statement or answer any questions. The Fifth Amendment to the U.S. Constitution protects your rights. Exercise your Constitutional rights. While it may be tempting to explain your side of the story, anything you say to the police could be used against you in court. A defendant’s words can (and often do) get twisted or taken out of context.

Does a Plea Bargain Make Sense for an Assault or Assault and Battery Charge?

A plea agreement may or may not be the right path forward. It depends on the nature of the assault and battery charges and the evidence (or lack thereof) obtained by police and prosecutors. In some cases, a plea bargain may be the best option to minimize the potential consequences of a conviction. However, in other cases, it may be better to fight the charges in court.

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How Massachusetts at Nate Amendola Defense Can Help You

Whether you were charged with one assault charge or multiple assault and battery charges, you are likely dealing with a lot of questions about how you should proceed. Your rights matter. You cannot rely on police or prosecutors to look out for your best interests. We routinely achieve excellent results for clients facing these as well as other criminal offenses. Our founding attorney, Nate Amendola is a skilled, sophisticated, and experienced defense lawyer. We provide proactive representation in A&B cases. Among other things, our Massachusetts criminal defense lawyers is ready to:

Listen to your story and answer your questions;
Carefully investigate the charges;
Handle all correspondence/discussions with police and prosecutors; and
Build a personalized defense strategy laser-focused on getting you the best results.

Have you been accused of assault and battery in Massachusetts? You may be feeling stressed out, frightened, and unsure of what needs to be done next. These are serious criminal offenses that can carry significant penalties, potentially including a significant jail or a prison sentence. It is imperative that you consult with an assault and battery attorney in Massachusetts who can protect your legal rights and build a winning legal defense.

At Nate Amendola Defense, our Massachusetts assault and battery attorneys are here to be your first and last call. We are committed to providing clients with the most effective defense possible. Our aim is to keep you out of jail and preserve your future through competent legal strategies. If you or your loved one were charged with assault or battery, we can help. Contact us today to set up your strictly confidential, no obligation consultation with a Massachusetts criminal defense lawyer.

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