Assault and Battery in Massachusetts: How to Defend Yourself Against These Charges

If you are facing assault and battery charges in Massachusetts, you may be frightened, stressed out, and uncertain of what to do next. Such severe criminal offenses carry serious penalties like a prison or jail sentence. That is why you should consider hiring a Massachusetts assault lawyer who can protect your rights and build a strong legal defense for you. The best attorney will work diligently to help you avoid serving jail time and preserve your future. 

Massachusetts Assault and Battery

In the state of Massachusetts, assault is a kind of criminal offense, and assault and battery is another. Also, several separate laws address different kinds of assault and battery charges, like assault using a dangerous weapon or assault against a police officer. While you can be charged with simple assault, you can’t be charged with battery alone. 

Assault is an attempt by a person to use physical force against another or show intent to use force against another. Meanwhile, battery is the offensive or harmful touching of another individual without consent. You can be charged with assault without making physical contact. But assault and battery require unwanted physical contact with the victim. 

Common Defenses Against Assault and Battery Allegations

An assault and battery charge is not equivalent to a conviction. As the accused, you are presumed innocent until proven guilty. It is your legal right to raise an aggressive defense against unfair or false criminal charges like assault and battery accusations. Below are the defenses your attorney will employ for your case:

  • Self-defense. To help you avoid a conviction, your attorney will assert that you acted in self-defense thinking you were at risk of being harmed. 
  • Defense to others. Your lawyer may argue that you used reasonable force to defend another individual who you thought was in danger of being harmed. 
  • Lack of evidence. The prosecution always has the burden of proof. Without sufficient evidence to prove all elements of the crime, your case will be dismissed. 
  • Mistaken identity. Your attorney can use this defense if evidence suggests you somebody else committed the assault and battery.

If you have been charged with assault or assault and battery, you may have many questions regarding how you must proceed. You can’t depend on law enforcement or prosecutors to protect your best interests. A skilled and dependable criminal defense attorney can give proactive representation in assault and battery cases. They can listen to your version of the story and answer all your questions.