An assault and battery is the intentional and unjustified touching of another, however slight, without consent, resulting in harmful or offensive contact. In order to prove this crime, the Commonwealth must prove each of the following beyond a reasonable doubt:
First: That the defendant touched the person of another;
Second: That the defendant intended to touch the alleged victim; and
Third: That the touching was either likely to cause bodily harm to the alleged victim or was offensive.
Penalty
Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 2 ½ years in a house of correction or by a fine of not more than $1,000. G.L. c. 265 § 13A
Defenses:
Self- defense
Defense of another
Defense of property
If you have received a summons, or were arrested for this charge, it is important to contact an experienced defense attorney as soon as possible. Call 508.579.8333 to speak with the experienced Criminal Defense Attorneys at JD Molleur Law.
This information does not constitute legal advice and is written for general information purposes only. Individuals should consult with a lawyer for specific legal advice.
