how to file an assault charge in boston free attorney

Do I need an attorney for assault in Massachusetts?

Our Boston A&B defense firm is available on short notice to be with you at your arraignment and will immediately get to work representing you. At an Arraignment for those accused of Assault, the defendant will be formally charged with the crime and a plea of not-guilty will generally be entered by the defendant.

How do I file charges for assault?

Massachusetts Assault and Battery on a Public Employee. In Massachusetts, underMGL c. 265 s. 13D, Assault and Battery on a Public Employee carries a mandatory minimum sentence of 90 days in jail and $500 fine, up to a possible 2 ½ years in jail and $5,000 fine.The defense of this charge is very often fact-based.

What is the charge for assault and battery in Massachusetts?

When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, r estraining orders that if violated will result in the arrest of the assailant.

What happens if the defendant is charged with assault?

If you are charged with assault in Massachusetts, you need an experienced criminal attorney to work with you and protect your rights, whether you intend to fight the charges at trial, or simply want to negotiate the best possible deal with the DA. Call or text me now at ( 781) 817-6332. Massachusetts state law, excerpt.

What are the charges for assault in Massachusetts?

265, s. 1A, an assault is a misdemeanor crime and involves either an attempted battery (offer of harm) or an intent to place another person in fear or apprehension of an immediate battery. It is punishable by imprisonment for up to two and one half years in a house of correction or by a fine of up to $500.00 dollars.

What is the penalty for assault and battery in Massachusetts?

Massachusetts Assault and Battery (A&B) In Massachusetts, under MGL c. 265 s. 13A, the charge of assault or assault and battery carries up to 2 years in jail and a $1,000 fine.

What happens if you are charged with assault?

If you have been previously convicted or are charged with assault for a specific motive or against an officer, you'll be facing jail time. You could receive anywhere from six months to two years, depending on the situation. Otherwise, you'll be given a fine. Assault charges may be dropped in specific situations.Aug 26, 2021

What is simple assault in Massachusetts?

A Simple Assault is a minor attack of either a physical or verbal nature. It is an intentional act done to cause harm or distress to another.

What is the jail time for assault?

The punishment an individual could face for assault is a fine and/or in imprisonment for up to 6 months. If an individual is convicted of assault causing harm they made be punished by an unlimited fine and/or imprisonment for up to 5 years.

Is pushing someone assault in Massachusetts?

As long as the alleged threat (the assault) is followed by some physical action, such as attempting to push someone -- this can be enough for police officers to make an arrest. ... Common, more serious versions of Assault & Battery Charges in Massachusetts Include: Aggravated Assault & Battery. Indecent Assault & Battery.

What is the lowest form of assault?

There are different forms of assault and different punishment ranges for each type of assault. The type of assault and punishment is defined by the elements listed in Penal Code Chapter 22. The lowest form of assault is considered a Class C Misdemeanor.

What evidence do the police need to charge you?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Oct 12, 2020

How do the police decide to prosecute?

In a criminal case, if there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge, a decision to charge is made. Depending on the type and seriousness of the offence committed, this decision is made by the police service or the Crown Prosecution Service ( CPS ).Oct 23, 2013

What are the three assault elements?

The prima facie case for "assault" has 3 components:The defendant acts.The defendant intends to cause the victim to apprehend imminent harmful contact from the defendant.The defendant's action causes the victim to reasonably apprehend such a contact.

What is the difference between assault?

The main difference between the two offenses is that while an assault does not necessarily involve any actual physical contact with another person, a battery does. An assault occurs when a person commits an act that may inflict physical harm on someone else. ... Assault is like an attempted battery under California law.Jan 21, 2022

Is verbal abuse a crime in Massachusetts?

A variety of forms of street harassment are illegal in Massachusetts, including verbal harassment, up-skirt photos, indecent exposure, following, and groping.

What to do if you are accused of domestic assault?

If you are accused of domestic assault or domestic assault and battery, it is paramount that you speak to an experienced criminal defense attorney immediately to navigate the criminal process for you, and to make sure that your rights are protected.

How long can you go to jail for assault?

In Massachusetts, underMGL c. 265 s. 13J, assault and battery on a child under 14 causing serious bodily injury is a felony that carries up to 15 years in state prison. In order to be convicted of this offense, the prosecution must prove that you: 1 Committed an assault and battery 2 On a child under 14 3 Causing substantial bodily injury

What is an assault and battery?

If you did in fact strike the person, then you committed an assault and battery. An attempted battery is also an assault . For example, if you throw a shoe at another person intending to hit him/ her, but you miss, that is an assault. If the shoe strikes the other person, then you've committed an assault and battery.

How long is assault and battery in prison?

This is a felony that carries up to 5 years in state prison for a first offense, and up to 10 years in state prison for a second offense. A complete defense to this felony charge is not knowing that the victim of the assault and battery had an intellectual disability. Of course, you could still be charged with misdemeanor assault and battery if ...

What is an assault?

An assault occurs if you commit an act which reasonably places another person in imminent apprehension or fear of either harmful or offensive contact. For example, balling up your fist and raising it in the air as if to hit another person would be an assault, even if you did not actually hit that person.

Can you be arrested for assault and battery?

Unless the alleged assault and battery took place in the presence of a police officer, you cannot be arrested for this offense and are entitled to a clerk’s hearing before any formal charges can be filed against you (except in cases involving allegations of domestic violence).

How to press charges for assault?

How To Press Charges For An Assault. When you have made the decision to file charges after an assault, you need to visit your local police department. For whatever reason, if you are not physically able to visit the police station , you may call them over the phone. All you have to do to kickstart the process is express that you want ...

What is assault charge?

Types of Assault Charges. When it comes to pressing charges, many people will use the term assault to describe what happens when an aggressor harms a victim. However, there are many different terms that are used when describing these crimes. A lot of times you will hear the terms “assault” and “battery” used interchangeably.

Why do people file assault charges?

When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, r estraining orders that if violated will result in the arrest of the assailant. Such orders require that the assailant not come within so many feet of the victim or any location where the victim is believed to be.

What is the importance of knowing the terms and consequences of assault?

Whether you are the victim of an assault, or you’ve found yourself being the aggressor (or assailant) in a physical altercation, knowing the terms and consequences is important so you can properly protect yourself. Let’s dive into the types of assault charges you can file.

Why is it important to press charges?

However, they should ensure that they follow the appropriate procedures to do so to ensure their safety and the successful convictions of their assailants.

How long does it take to report an assault?

The amount of time you have to press charges for an assault depends on your state’s statute of limitations, which typically ranges from a couple of years to six years. However, it is always advisable to report the crime regardless of how long it has been. The sooner you press charges for the assault, the better the investigation will be.

Is assault a misdemeanor?

The consequence of a simple assault usually results in a misdemeanor. Aggravated Assault – Aggravated assault, on the other hand, is more involved than simple assault. These crimes typically involve the use of a weapon and result in serious injury to the victim.

I can help you right now!

Being arrested on a Massachusetts Assault Charge is a difficult and often humiliating experience. I sympathize with what you’ve been through. There is a good chance that I can help you fix this and get back to your life.

What about a felony assault charge or a domestic assault?

Felony charges are scarier since you are facing more serious penalties, including prison time. But many assault with a dangerous weapon cases are overblown and not as serious as they seem. Many common objects can be considered “dangerous” after the fact from an assault incident.

An Experienced Massachusetts Assault Attorney

If you are charged with assault in Massachusetts, you need an experienced criminal attorney to work with you and protect your rights, whether you intend to fight the charges at trial, or simply want to negotiate the best possible deal with the DA. Call or text me now at ( 781) 817-6332.

How to report an assault to the police?

Once you have written down the information necessary to press charges against your assailant, visit your local police department to report the assault. Take the information you wrote down about the assault with you to the police station. Call the police if unable to visit.

What is assault in criminal law?

In other criminal statutes, assault is defined as actually causing such an injury with the intent to cause physical injury.