Assault and Battery: Two Different Felony Crimes
Assault Crimes Criminal Defense Lawyers With Trial Law Experience
If you are facing any type of assault, battery, or other violent crime charges, contact our criminal defense law offices in Brockton, MA for a free initial consultation.
Although battery and assault are technically two distinct types of felonies, most people are charged with the both assault and battery. In more severe cases, a person may be charged with aggravated assault.
There are two different variants of assault and battery:
- Intentional Assault and Battery, and
- Reckless or Willful Assault and Battery.
There are also two types of assault and battery charges that involve offensive (sexual) touching:
- Indecent Assault and Battery of a Person Over 14, or
- Indecent Assault and Battery of a Child Under Age 14.
Intentional Assault and Battery
Intentional assault and battery refers to when a person intentionally (on purpose), and without justification, touches another person in a harmful or offensive way. A harmful touch is one that is meant to inflict pain or injury, while an offensive touch is often sexual in nature, or injurious to a person’s dignity.
Offensive touches may result in charges of Indecent Assault and Battery of a Person Over 14, or Indecent Assault and Battery of a Child Under Age 14.
The important thing to realize is that you don’t have to actually inflict, or have intended to inflict, severe bodily damage to be charged with intentional assault and battery; even a slight touch, or one you consider entirely inoffensive, may be enough to land you in trouble.
Reckless or Willful Assault and Battery
The other type of assault and battery is reckless or willful assault and battery, which is the variant most people are familiar with. This is the charge leveled at suspects who intentionally inflict an injury, in a manner in which any reasonable person knows that such an injury might result. For example, if you throw a chair at someone in a bar, that would count as reckless assault and battery, while if you accidentally injure someone while slamming a door that might only be charged as intentional assault and battery.
Criminal Penalties for Assault and Battery
Assault and battery, whether intentional or reckless, is a serious charge, which can have serious long-term consequences if you’re convicted. The maximum prison term for assault and battery is 30 months, and you can also incur a $1,000 fine. The attorneys at The Noonan Defense Firm will work with the district attorney to secure the best outcome for your assault and battery charge; in some cases lacking crucial evidence they may succeed in having the charges dismissed altogether.
Charged With Assault & Battery? Talk to an experienced violent crimes defense lawyer for free.
Our knowledgeable and experienced Brockton criminal defense law attorneys at The Noonan Defense Firm are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Brockton, Canton, Taunton, Bridgewater. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.
No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.
For more information about specific charges, and how we can help you build a strong defense, click on any of the links below:
- Simple Assault
- Assault and Battery
- Assault and Battery by Means of a Dangerous Weapon
- Aggravated Assault
- Domestic Assault
- Indecent Assault and Battery on Person Over 14
- Indecent Assault and Battery Child Under 14
- Assault with the Intent to Rob
- Assault With Intent To Murder
- Assault With Intent To Kill
- Assault and Battery on Person Over 60
- Assault and Battery on a Disabled Person
- Assault and Battery of an Individual with Intellectual Disabilities
- Assault and Battery on a Child Under 14 Causing Bodily Injury
- Assault and Battery on a Child Under 14 Causing Substantial Bodily Injury
- Assault with the Intent to Rape
- Assault with the Intent to Rape a Child Under 16
- Wantonly or Recklessly Permitting Bodily Injury to a Child Under 14
- Wantonly or Recklessly Permitting Substantial Bodily Injury to a Child Under 14
- Assault and Battery on Victim with Abuse Protection Order
- Assault and Battery on a Pregnant Women