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Charges of Assault and Battery in Massachusetts

Attorney John G. MacLachlan of MacLachlan & Allen, LLP is a Criminal Defense Attorney you can rely on.

When charge with assault and/or battery, it is important to seek legal counsel with experience in defending against serious crimes. At the Law Office of MacLachlan & Allen, LLP, Attorney MacLachlan is well versed in defending against the many types of assault and battery charges in the Greater Boston area, including: Essex County, Middlesex County, Suffolk County, and more.

What is an Assault?

For an assault to occur, the victim must be threatened with use of force that causes the victim to have a reasonable apprehension of imminent harmful or offensive contact. This “threat” can be any act which amounts to an attempt or threat to commit a battery.

It is important to note, an assault does not require a touching or any physical contact. The threat can come in a variety of different ways, for example: “taking a swing” at the victim, would be an assault; as would verbally threatening to hit or harm the victim. If the threat creates a reasonable fear of imminent harmful or offensive contact then the threat could be considered criminal in court.

“Imminent” means that the threat must be capable of being carried out immediately. For example, if the victim receives a threatening phone call, that threat would not be considered an assault because the harmful or offensive contact could not be made immediately.

If you have been charged with assault, it is important to seek legal counsel immediately. Attorney John MacLachlan has many years of experience defending against assault claims and will work hard to obtain the best possible outcome in your case.

Call us today! 978-745-9569

What is a Battery?

Battery is the use of force against another person which results in harmful or offensive contact. In order to successfully convict someone of battery, the Commonwealth must prove the following three things beyond a reasonable doubt:

  • That the defendant touched the victim, without having any right or excuse for doing so;
  • That the defendant intended to touch the victim, and
  • That the touching was either likely to cause bodily harm to the victim, or was done without his or her consent.
  • It is important to note, that the charge of battery may change or be enhanced depending on the type of “touching”. For example, if the touching involved sexual conduct, if the victim was a child or an elderly person, if a deadly weapon was used, or if the touching resulted in serious bodily harm; the charges may be more serious. The facts of each incident greatly impact the type of charge and penalty that may result. In order to properly defend against a charge of assault and/or battery, it is important that you discuss the details of the incident with your attorney.

    Possible Sentences for Assault and Battery Charges

    The potential sentence for an assault and battery charge varies greatly depending on the circumstances, but in some aggravated circumstances can be over 10 years. The office of MacLachlan & Allen, LLP under the guidance of Criminal Defense Attorney MacLachlan, could be your best chance at an acquittal.

    Do not wait to call! 978-745-9569

    These charges are serious and stressful. Your best plan of action is to contact us today, tell us the facts, and let us begin to resolve your case with the best possible outcome for you.