In order to understand the new crime of domestic assault and battery you have review the existing crimes of assault and assault and battery. A Battery is 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.
“Bodily injury” includes any of the following injuries: burns, bone fractures, trauma-related injuries to the organs including the skin. The maximum punishment for an assault and battery causing bodily injury is imprisonment for a maximum of five years. The maximum punishment for a caretaker wantonly or recklessly permitting bodily injury is imprisonment for a maximum of 2 ½ years.
Assault and battery on an individual with intellectual disabilities is a serious crime carrying stiff penalties. Massachusetts General Laws 265 section 13 F allows a judge to sentence a defendant that is found guilty to a maximum of five years in prison. If a defendant is found guilty of his or her second offense they could face a maximum of 10 years in prison.
Massachusetts General Laws Chapter 265, Section 13K defines the crime of assault and battery on a disabled person. A disabled person is anyone that has a permanent or long-lasting physical or mental impairment that prevents the individual from providing for his own care or protection.
Assault and battery on a child under fourteen is a crime in Massachusetts that results when someone commits an assault and battery on any child under the age of fourteen causing either bodily injury or substantial bodily injury. It is a crime taken seriously by prosecutors who will aggressively seek to prove your guilt and usually will ask for the maximum penalty.
There are three degrees for which a person can be charged for assaulting an elderly person: Simple assault and battery on a person over age 60, Assault and battery upon a person over age 60 causing bodily injury., Assault and battery on a person over age 60 or disabled person that causes serious bodily injury. Depending on how you are charged you could be sentenced to up to 10 years in prison.
Massachusetts General laws Chapter 265 section 20 states that “whoever, without being armed with a dangerous weapon, assaults anyone by way of force or violence with the intention or committing a robbery will be guilty of assault with the intent to rob.”
Domestic assault and battery charges are aggressively pursued by the district attorney’s office. If you are facing domestic assault charges you will need an attorney with local legal experience. Attorney Noonan is a former assistant district attorney with over 30 years of trail experience and he knows how the prosecutors office works and how to work best on your behalf.
Depending on the facts of an arrest, domestic assault and battery in Massachusetts can be charged as simple assault and battery, assault and battery, aggravated assault and battery or assault and battery by means of a dangerous weapon. There is a huge difference between these four charges. Simple assault and battery and assault and battery are misdemeanor crimes in Massachusetts. Aggravated assault and battery and assault and battery with a dangerous weapon on the other hand are felony offenses.
On the spectrum of felonies, intentional or reckless assault and battery are relatively minor, albeit still serious, charges, which can result in up to 30 months in jail and/or a $1,000 fine. Much more serious is the charge of assault and battery with a dangerous weapon, which can land a person in prison for up to 15 years. The key issue here is what constitutes a “dangerous weapon.”
For a weapon to be considered dangerous under the law it does not necessarily have to be a gun or knife, but any object that the suspect should reasonably have known could result in serious bodily harm (a baseball bat, a chest of drawers, or even a blunt household object, for example).