In Massachusetts, “assault” is defined as the threat or attempt to cause physical harm, while “battery” involves unwanted physical contact. Defense against these charges requires a thorough understanding of the circumstances, including whether there was intent, self-defense, or a misunderstanding. An assault and battery lawyer in Quincy can help.
If you or someone you know has been arrested and charged with assault and battery, it’s essential to protect your legal rights. Even a minor altercation can lead to significant penalties, including jail time, fines, and a criminal record. A skilled Quincy criminal defense lawyer can build a strong defense to mitigate or eliminate life-altering consequences.
Types of Assault and Battery Charges in Quincy
If you are facing an assault and battery-related charge in Quincy, the prosecution may have charged you with one or some of the following types of assault and battery charges:
- Simple Assault
- Assault by a Dangerous Weapon
- Assault and Battery
- Assault and Battery by Dangerous Weapon
- Assault and Battery on a Family/Household Member
- Indecent Assault and Battery
- Indecent Assault to Collect Loan
Regardless of which of the above assault and battery charges apply to you or someone you know, or even if your charge is not listed above, we are here to defend you. An assault and battery attorney in Quincy from Nate Amendola Defense can handle all types of assault and battery charges in Norfolk County.
For a free legal consultation with an assault and battery lawyer serving Quincy, call (781) 740-0800
Assault vs Battery
Understanding the difference between assault and battery is vital to building a strong defense. In Quincy, assault and battery are often charged together; however, they are two different acts:
- Assault: Assault includes the act of threatening to cause physical harm to another or attempting to cause such harm. Massachusetts holds that assault can also be conduct that causes a reasonable fear of harm in the victim. There is no requirement for physical contact.
- Battery: Battery requires actual physical contact that results in harm. The harm caused by battery includes anything from a minor injury to a very severe injury. A physical injury is necessary for a battery charge in Quincy, MA.
Battery cannot be charged alone. It must be attached to the assault half.
Quincy Assault and Battery Lawyer Near Me (781) 740-0800
The Penalties for Assault and Battery Conviction in Quincy
In Massachusetts, the potential penalties can differ depending on what assault and battery-related charge a jury finds an individual guilty of. For example, possible penalties for a conviction of assault and battery include a fine of up to $1000, or even imprisonment in the House of Correction for up to 2.5 years.
“Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000.” M.G.L. c. 265 s. 13A.
Additionally, a conviction of assault and battery by means of a dangerous weapon could include a fine of up to $5,000, prison time in the state prison of up to 10 years, or prison time in the House of Correction for up to 2.5 years. Sometimes, one can be penalized with both a fine and prison time.
“Whoever commits an assault and battery upon another by means of a dangerous weapon shall be punished by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than 21/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.” M.G.L. c. 265 s. 15A.
A Quincy criminal defense attorney with Nate Amendola Defense is on standby to help you avoid the possibility of these penalties and the consequences of a harsh sentence should the unfortunate occurrence of a conviction happen.
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Common Defenses of Assault and Battery in Quincy
Just because the prosecution is charging you or someone you love with assault and battery or a related offense in Quincy, that does not necessarily mean a conviction is certain. Hope is not lost. Nate Amendola will vigorously advocate for you. Some defenses to an assault and battery-related charge include:
- Insufficient Evidence Defense: The prosecution has the burden to prove that the defendant is guilty of the charges “beyond a reasonable doubt,” which is a very high burden to meet. A common defense is to attack the prosecution’s lack of sufficient evidence to meet this burden.
- Mistaken Identity Defense: This defense explains that the assault and battery did happen, but the defendant is not the person who did the crime. This defense can be a strong option when the crime occurred at night, or when the crime occurred in a busy place.
- Self-Defense: This defense suggests that the facts underlying the charge of assault and battery did occur; however, they were necessary because the defendant had to act as such to defend themself. In Massachusetts, self-defense is an affirmative defense, i.e., the defendant has the burden to prove that they were defending themselves and their fear for their body or life was reasonable.
- Defense of Others: This defense is similar to self-defense, except here, the defendant acted in such a way to defend another, not themself. The burden of proving that the act was in defense of another, and was reasonable, is on the defendant.
- Consent Defense: Less common but still an option is the defense of consent. This defense asserts that the alleged victim agreed to the conduct. Consent can be a strong defense in assault and battery charges when the facts of the alleged assault and battery include sexual advances, or when there was an agreement to fight between the alleged victim and defendant.
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Let Nate Amendola Support You
At Nate Amendola Defense, we are ready to defend against assault and battery charges. We understand how scary and emotional a criminal charge is, and we go above and beyond your average criminal defense lawyers to protect our clients and their futures.
Our assault and battery attorney in Quincy will:
- Listen to what happened and answer any questions in a confidential interview
- Investigate the assault & battery charges
- Evaluate your case and explain to you all potential options
- Negotiate with prosecutors on your behalf
- Create a defense strategy that is specific to your case
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Call Our Quincy Assault and Battery Lawyer Today
At Nate Amendola Defense, our assault and battery lawyer in Quincy is ready to protect you and your interests. If you or someone you know has been charged with assault and battery in Quincy, we are here to be your legal advocates.
Contact our team as soon as possible for a free 100% confidential evaluation of your case. We defend assault and battery charges throughout Norfolk County and the Massachusetts South Shore.
Call or text (781) 740-0800 or complete a Free Case Evaluation form
