Assault & Battery and Crimes Against a Person

If you are facing the crime of Assault and Battery or any Crime Against a Person, call Springfield Assault and Battery lawyer Dan Daly to assist you. Attorney Daly is well versed to handle any crimes against a person or ones that are assaultive in nature. Attorney Daly also appears in all courthouses in Western Massachusetts. Below are some of the more common crimes against a person or crimes that are assaultive in nature that we defend against.

Despite its menacing name, an assault is a misdemeanor offense that can be charged via one of two theories; (1) either as an attempted battery (i.e. attempting to hit or strike someone), or (2) putting someone in fear of an immediate battery. Most commonly this offense is charged during and altercation when a person takes a swing at another person and misses or if a person were to invade the personal space of another and “buck” at them or otherwise put them in fear of being hit or bodily injury. A conviction for this offense carries a maximum jail sentence of up to 2.5 years or a fine not to exceed $1000.

This offense (“A&B”) is very broad encompassing a large variety of activity. Essentially, any unwanted or offensive touching can result in this charge. In order for the Government to secure a conviction for this offense, they must prove that the Defendant “intentionally” touched the Complainant. There are many defenses that can be raised to refute this charge such as self-defense or even defense of others. In some instances, this offense can be disposed of by way of a 5th Amendment assertion by the Complainant which will effectively prevent the Government from proving its case. Other privileges are sometimes at place such as the “marital or spousal privilege.” If convicted of this offense, a person is subject to up to 2.5 years in jail or a fine of up to $1,000.

Any assault & battery that results in a serious bodily injury is a felony. A “serious bodily injury” is one that results in permanent disfigurement, loss or impairment of a bodily function or organ, or a substantial risk of death. In addition to the defenses that apply to straight assault & battery, litigation for this offense is often focused on whether the injury sustained is one that is “serious.” Even when the injury involved raises to the felony level, a skilled attorney is often able to negotiate the charge down to a misdemeanor and avoid the serious consequences of a felony charge. A person convicted of this offense is exposed to a 5 year prison sentence and/or a $5,000 fine.

When an A&B involves a Complainant who is either a police officer (“ABPO”) or public employee (“ABPE”), the Government will bring its prosecution under this section. When defending this charge, it is imperative that the analysis focus on whether the police officer was engaged in the performance of their duties and that the defendant knew the person was a police officer. The same is to be said if the charge involves a “public employee.” The Government will sometimes charge this offense inappropriately when dealing with employees of hospitals or medical centers (thinking that the institution is a public entity rather than a private corporation). Any investigation involving this charge must determine that all the elements are met, otherwise a motion to dismiss should be filed immediately. A conviction for this offense carries a jail sentence of not less than 90 days up to 2.5 years and/or a fine of $500 not to exceed $5,000.

Any A&B that involves a “dangerous weapon” (“ABDW”) is a serious felony charge. In order to prove this offense, the Government must demonstrate that an A&B occurred, and that a dangerous weapon was involved. There are some objects that are “per se” dangerous weapons, meaning the item or object itself has been deemed dangerous per the Legislature. However, everyday items or objects can also be considered a “dangerous weapon” depending on the manner it which they are used or wielded during the commission of the underlying A&B. This charge can often be defended by negating the “dangerousness” of the weapon used (when it is not a “per se” weapon), or if trial is not the best option, skillful negotiation can often take the charge from a felony down to a simple misdemeanor. A person convicted of this offense is exposed to a maximum sentence of 10 years or a fine not to exceed $5,000.

Springfield Assault and Battery Lawyer Dan Daly stands by ready to assist you today with formulating a successful criminal defense. Time is of the essence - don’t hesitate, call NOW for a free initial consultation.