Assault & Battery/Domestic Violence
In the State of Massachusetts, an individual can be accused of the crime of assault or assault and battery. Assault and assault and battery are two distinct and separate crimes under the laws of the state. Assault and battery charges mean that the state has accused someone of deliberately touching someone in a way intended to cause physical harm or without the victim's permission. Hitting or striking someone constitutes an assault and battery crime. Physical contact must be made.
However, charges of assault alone mean that an individual is accused of attempting to use physical force against another or they are indicating an intent to use immediate physical force against another. For the crime of assault, physical contact or injury does not need to occur.
Experienced Criminal Defense Attorney Massachusetts
An assault and battery conviction can lead to jail time, a fine, and a criminal record. To ensure that your case is best argued in court, hire a qualified criminal defense attorney. Former prosecutor, Attorney Jillian N. Celozzi has the skills needed to thoroughly examine the facts of your specific case and build the best possible defense strategy. In many cases, it comes down to the word of the defendant against the victim. Defending against these types of cases can be complex and requires a criminal defense lawyer with experience to receive the best outcome.
Domestic Assault and Battery
In Massachusetts, the alleged victim and the person charged with domestic assault and battery are now or were, at one point in time, in a “special relationship”. These relationships include related by blood or marriage; have a child together; dating; or are living together. In cases of domestic assault and battery, the officers have the power to place the accused under arrest even if they did not personally witness the event.
If charged with this crime, it is very important not appear in court without proper representation. Contact a reputable attorney to assist you in navigating the legal process to ensure your right are protected.
Misdemeanor or Felony
Assault and battery charges can be either a misdemeanor or a felony. There is a significant difference for punishment if convicted between the two. If convicted of a misdemeanor offense, a maximum sentence of 2 ½ years in a county jail is typical. However, in the case of a felony conviction of assault and battery, the punishment is generally more than 2 ½ years in a state prison.
There are several factors considered when determining if an assault and battery charge is filed as a felony or misdemeanor. These factors include, but not limited to, whether a weapon was used and the severity of the injuries involved. Take note, a weapon does not have to be a gun or knife; it can mean any item used for that purpose.
If you are facing a charge of assault and battery contact the Law office of Jillian N. Celozzi with an office in Worcester and Milford, Massachusetts. She has the experience to present the best possible defense on your behalf.