Aggravated assault and battery is a felony in Massachusetts. Anyone convicted of aggravated assault and battery faces 5 in prison or two and a half years in jail.
Patrick Donovan is a Massachusetts criminal defense attorney who offers the best criminal defense for Aggravated Assault and Battery charges.
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Aggravated Assault and Battery Defined
Aggravated assault and battery differs from “simple assault and battery.” Aggravated assault and battery is a more serious charge. There are more elements the prosecutor must prove to get an aggravated assault and battery conviction.
Elements that elevate a simple assault & battery to an aggravated assault & battery include:
- -a pregnant victim
- -a violation of an abuse prevention order
- -serious bodily injury caused to the victim
- -victim was a public employee
- -or, a mentally challenged person
- -victim was a child under the age of 14
- -or was an elderly, or disabled person
Each of these aggravating factors has its own definition. Each charge requires specific elements that must be proved. Finally aggravated assault and battery can either be intent or recklessness.
Intentional Aggravated Assault and Battery
To prove a charge of intentional aggravated assault, the Commonwealth must prove that you:
1. Touched the alleged victim without having any right or excuse to do so;
2. That you intended to touch him/her; and
3. That the touching was either likely to cause harm to him/her or was done without his/her consent. Additional elements apply to the type of aggravated assault charged.
The Commonwealth does not need to prove that you intended to harm the victim. They need to prove you intended the contact, and then that the contact was either likely to cause harm or done without her consent.
Reckless Aggravated Assault and Battery
In order to prove a charge of reckless aggravated assault, the Commonwealth must prove that:
1. You acted recklessly;
2. Your reckless conduct included an intentional act that resulted in bodily injury;
Additional elements apply to the specific type of aggravated assault charged.
In this case, the prosecutor must the victim suffered more than temporary discomfort. Bodily injury means that it interfered with the victim’s health and comfort. The injury does not need to be permanent.
Additionally, recklessness is a higher standard than negligence–it must be shown that your actions went beyond mere negligence to the point where you knew such actions were likely to cause substantial harm, but that you ran that risk and acted that way anyway.
Lastly, you intended to act in such a way that resulted in the touching. You do not have to have intended to injure or harm the alleged victim. Accidental contact is not a violation.
It is also important to note that the act of touching the alleged victim does not have to be the direct cause of the injury. Actions that directly and substantially set into motion a chain of events that produced the injury can be considered aggravated assault and battery.
Assault and Battery on a Pregnant Woman
In order to prove you committed an assault and battery on a pregnant woman, the additional elements the Commonwealth would have to prove, beyond a reasonable doubt are:
1. That she was pregnant at the time; and
2. Knew, or had reason to know, that she was pregnant.
The most common defense to assault and battery on a pregnant woman is that you did not know, and had no reason to know, that the alleged victim was pregnant. Additionally, any conduct that is found to be merely negligent or even accidental does not warrant a conviction of aggravated assault and battery. In order to determine the best possible defense for your case, it is crucial that you contact an experienced defense attorney right away.
Assault and Battery on a Person Protected by an Abuse Prevention Order
In order to prove you committed an assault and battery on a person protected by an abuse prevention order, the additional elements the Commonwealth would have to prove, beyond a reasonable doubt are:
- 1. That a court had issued a 209A order against you, ordering you to either:
- vacate or stay away from a certain place;
- stay a certain distance away from the alleged victim;
- not to contact the alleged victim;
- not to abuse the alleged victim;
- That the order was in effect at the time of the alleged battery;
- And, that you knew that the pertinent terms of the order was in effect.
In order to prove your knowledge of the terms of the order, the Commonwealth must submit proof that you either received a copy of the order or that you had actual knowledge of it from some other source.
Assault and Battery on a Police Officer or Public Employee
In order to prove you committed an assault and battery on a person protected by an abuse prevention order, the additional elements the Commonwealth would have to prove, beyond a reasonable doubt are:
1. The alleged victim was either a police officer or public employee;
2. That you knew he/she was either a police officer or public employee;
3. And, he or she was engaged in the performance of his or her duty at the time of the alleged assault and battery.
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Massachusetts Aggravated Assault and Battery Attorney
Patrick Donovan is a Massachusetts Criminal Lawyer who has successfully represented people charged with all types of violent crimes, including Aggravated Assault and Battery. Also, Attorney Donovan is a former prosecutor who provides the best legal representation to people charged with all crimes.
