An assault and battery that results in a serious bodily injury carries more severe penalties than other injuries.
If the victim suffers permanent scarring, disfigurement, loss of a body part, or impairment of a body part as a result of the incident, the defendant may face increased penalties. Similarly, assaults and batteries that create a substantial risk of death or that cause permanent disfigurement are also punished more severely. These injuries include permanent disfigurement, or the lasting loss or impairment of a body part. Breaking the victim’s leg would most likely fall within this category. Additionally, assaults and batteries that include bodily injuries, like burns, fractures, bruises, internal injuries, or any injury that endangers the victim’s welfare can lead to increased penalties.
In general, assault and battery in Massachusetts is punishable with up to 30 months in jail and a fine of $1,000. Incidents involving serious bodily injury are punishable by up to five years in prison and a fine of $5,000.
The most common defense to assault and battery charges is self-defense. In order to assert this defense, the defendant must show that he or she faced a threat of unlawful force against him or her, that there was a reasonable basis for that fear, that the defendant did not cause any harm or provocation, and that there was no reasonable possibility of retreating from the situation or escaping. A defendant may claim self-defense in situations involving the defense of property or the defense of another person. Another common defense in assault and battery cases is consent, in which the victim voluntarily consented to engaging in the act that later forms the basis for the charge.
Seek Legal Guidance in Boston when Facing Prosecution
If you or someone you know has been charged with assault and battery, it is essential to speak to a lawyer as soon as possible. You have a constitutional right to an attorney, and you should use it. At Lowney Law, LLC, our Boston attorneys provide individuals charged with assault and battery, drug offenses, and other crimes with the compassionate and aggressive representation they need. We understand how difficult a criminal charge can be for you and your family. We offer a variety of payment plans and a free initial consultation. Call us now at 1-617-364-8000 or contact us online to set up an appointment. We also represent individuals in Hyde Park, Mattapan, Dorchester, Jamaica Plain, Roxbury, West Roxbury, and Roslindale, as well as communities throughout Suffolk County.