At Nate Amendola Defense, our Scituate assault and battery attorney is a persuasive, patient, and personable advocate for clients. Our criminal defense lawyers in Scituate are prepared to fight prosecutors and protect you against an assault and battery charge.
If you were charged with assault and battery in Scituate, Massachusetts, Nate Amendola Defense will defend you in court and your right to have legal representation to make your voice heard. Please call us to schedule a free consultation with a Scituate assault and battery attorney.
Types of Assault and Battery Charges
We defend against all types of assault and battery charges in Plymouth County. If you are facing an assault and battery charge in Scituate, the prosecution may be charging you with one or some of the following types of assault and battery charges:
- Simple Assault
- Assault and Battery
- Assault and Battery on a Police Officer
- Indecent Assault and Battery
- Assault and Battery on Family or Household Member
- Assault and Battery with Dangerous Weapon
The Key Differences Between Assault and Battery
Criminal proceedings can be very confusing. There are a few key concepts to understand about assault and battery charges to ensure that you are fully informed about what the prosecution is charging you with.
First, assault and battery are not the same charge. Assault is a crime that includes threatening to cause physical harm to another or attempting to do so. Assault does not require physical contact, but a battery does, as a battery is a physical contact that harms another. A battery can not be charged by itself; it has to be paired with assault. An illustrative example is punching someone: winding up to punch and the other person flinches is an assault, and punching someone is a battery.
Second, it is important to understand the difference between a charge that includes the term “simple” or “aggravated” before it. It changes how serious the charge is. For example, you may face a simple assault charge or an aggravated assault charge:
- Simple Assault: A “simple” assault is not necessarily a “simple” case, but this term implies that it is not as serious as an “aggravated” assault. This charge generally requires an intent to cause fear of harm,
- Aggravated Assault: This charge generally includes an intent to cause serious harm to another’s body, there are more severe injuries or a higher risk of severe injuries, and often the presence of a deadly weapon.
At this first hearing, a court official decides if there is enough evidence to proceed with criminal charges. This is an important moment where the accused can speak up and share their side of the story before any official charges are made.
If the court decides to file a complaint, the next step is an arraignment, where the defendant will hear the exact charges against them and tell the court if they are guilty or not guilty. Having a Scituate assault and battery lawyer help you during this early stage can make a big difference in protecting your rights and what might happen later.
Receiving a Clerk Magistrate Hearing Summons
Typically a police officer will file an Application for a Criminal Complaint, which leads to a clerk magistrate hearing. However, a private individual can also file a criminal complaint. If you receive a summons for a clerk magistrate hearing, do not ignore it. Call an experienced Scituate clerk magistrate hearing lawyer with Nate Amendola Defense immediately for help.
A clerk magistrate hearing is a preliminary step in the judicial process. Also, it serves as an opportunity to address potential criminal charges made against you before a formal complaint is issued. The proceedings in a clerk magistrate hearing are confidential so that the accused individual can maintain their privacy, The details of your case will not be made public, nor is the testimony presented part of the public record; only the parties involved, their attorneys, and witnesses are present.
The clerk magistrate will evaluate the evidence and determine whether there is sufficient probable cause to warrant a criminal complaint. This is your chance to challenge the charges against you, present your side of the story, and possibly prevent the case from moving forward to criminal court.
The Penalties for Assault and Battery Conviction in Scituate, MA
Each type of assault and battery charge in Massachusetts carries a different potential penalty. For example, potential penalties for a conviction of assault and battery include a fine of up to $1000, or even imprisonment in a 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, the conviction of indecent assault and battery on a person with an intellectual disability could include a punishment of prison time in the state prison between 5-10 years, or if this offense is your second of this kind, prison time in the state prison for a minimum of 10 years.
“Whoever commits an indecent assault and battery on a person with an intellectual disability knowing such person to have an intellectual disability shall for the first offense be punished by imprisonment in the state prison for not less than five years or not more than ten years; and for a second or subsequent offense, by imprisonment in the state prison for not less than ten years.” M.G.L. c. 265 s. 13F.
Nate Amendola Defense is here to defend you against assault and battery-related charges and avoid these penalties. You must be aware of the penalties you potentially face. Contact us today if you have questions about the penalties for an assault and battery charge, call an assault and battery lawyer in Scituate with Nate Amendola Defense immediately.
For a free legal consultation with an assault and battery lawyer serving Scituate, call (781) 740-0800
When a Juvenile is Arrested for Assault and Battery in Scituate
Sometimes our kids make mistakes as kids often do, or find themselves wrongfully assumed to be the perpetrator in a situation that leads to an arrest for assault and battery. School, public parks, or known community spaces and events where teens gather are your typical backdrop for altercations that arise. If your child has been arrested for assault and battery, you need to call a Scituate juvenile defense lawyer right away.
In Massachusetts, juveniles have rights and protections when they are arrested. Minors and their parents or guardians must be aware that they deserve to be treated fairly with consideration for their age and developmental stage per the Massachusetts Juvenile Justice system. A juvenile assault and battery charge can have serious consequences, but at Nate Amendola Defense, we can fight to reduce the charges or have them dismissed altogether.
The Massachusetts Juvenile Justice has a guiding principle of rehabilitation for young offenders, offering numerous resources and programs to help minors get their lives back on track. The Commonwealth has had widespread success diverting at-risk youth away from juvenile court and reducing juvenile recidivism. If your child struggles to stay out of trouble, don’t despair – call our office for immediate help.
Scituate Assault and Battery Lawyer Near Me (781) 740-0800
Common Defenses of Assault and Battery in Scituate, MA
There are many different avenues you can take to defend yourself against an assault and battery charge in Scituate. Nate Amendola will meticulously analyze your case and consider all options before selecting the best defense strategy. Defenses to an assault and battery-related charge can include:
- Insufficient Evidence: This defense targets the prosecution’s lack of sufficient evidence to meet the burden of proof beyond a reasonable doubt that the crime occurred. This strategy includes poking holes in the argument of the prosecution and attacking credibility of witnesses.
- Defense of Others: This defense includes arguing that the conduct of the defendant that occurred was simply to defend another from harm.
- Consent: This defense generally states that the alleged victim is not a victim because they agreed to the contact. This strategy can be a good option when the circumstances involve sexual advances or when the facts suggest there was an agreement to fight, wrestle, or spar.
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Why You Need a Scituate Assault and Battery Lawyer
At Nate Amendola Defense, we are committed to using every resource to defend you against assault and battery charges in Scituate. Assault and battery charges are extremely overwhelming to deal with, and we will be with you at every step of the process. You are never alone.
In addition to being your legal support, our assault and battery attorney is ready to:
- Listen to you with 100% confidential attorney-client privileges
- Investigate the allegations made against you and your charges
- Objectively evaluate your case and explain the potential options
- Negotiate on your behalf in court with prosecutors
- Craft a plan for defense strategy specific to your assault and battery case
Check out our case results to see how we have helped others out of tough situations.
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Contact Our Scituate Assault and Battery Lawyer Today
At Nate Amendola Defense, our team of assault and battery attorneys in Scituate is ready to protect you and your rights. If you are facing any type of assault and battery charge in Scituate, Massachusetts, we are here to help you navigate the legal system. Contact us as soon as possible for a free, 100% confidential consultation for a case review, make Nate Amendola Defense your first and last call.
Call or text (781) 740-0800 or complete a Free Case Evaluation form
