Assault & Battery

Massachusetts law governs assault and battery under M.G.L. Chapter 265, Section 13A. Unlike many states, Massachusetts recognizes assault and assault and battery as distinct offenses. Assault involves an attempt or threat to use physical force—creating fear of immediate harm without necessarily making contact. Assault and battery requires actual physical contact. You can be charged with assault alone, assault and battery, or both depending on the circumstances.

The statute states: “Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 2½ years in a house of correction or by a fine of not more than $1,000.”

What Prosecution Must Prove
For Intentional Assault and Battery, the Commonwealth must prove three elements beyond a reasonable doubt:

‍First: The defendant touched another person. The touching can be direct (striking someone) or indirect (setting in motion some force or object that strikes another person). Any physical contact, however slight, satisfies this element under Massachusetts law.

‍Second: The touching was intentional. This means the contact was deliberate and conscious—not accidental or negligent. Critically, the prosecution does NOT need to prove you intended to injure the other person. They only need to show you intended the touching itself. An intentional act that accidentally results in touching someone is not enough to satisfy this element.

‍Third: The touching was harmful, offensive, or done without consent. A harmful touching causes or has potential to cause physical harm. An offensive touching is one done without consent—contact that would reasonably be considered unwelcome or inappropriate.

For Reckless Assault and Battery, Massachusetts law provides an alternative theory under M.G.L. Chapter 265, Section 13A. The prosecution must prove:

‍First: The defendant intentionally acted in a way that caused bodily injury to another person. The injury must interfere with the victim’s health or comfort in more than a trifling or momentary way.

‍Second: The defendant’s conduct was reckless. This means more than negligence. Recklessness requires proof that the defendant knew or should have known their actions were very likely to cause substantial harm to someone, yet acted anyway and ran that risk.

‍The Defense’s Perspective: The prosecution must prove the touching occurred “without justification or excuse.” This matters because legitimate justifications exist—medical examinations, participation in contact sports, acts of self-defense, or accidental contact. Massachusetts law recognizes these as valid reasons why touching might not constitute criminal assault and battery.

Whether you face a misdemeanor or felony assault charge makes an enormous difference. Simple assault and battery under M.G.L. Chapter 265, Section 13A(a) is a misdemeanor carrying up to 2½ years in house of correction and fines up to $1,000. Aggravated versions jump to up to 5 years in state prison. Assault and battery with a dangerous weapon can mean up to 10 years in state prison, or up to 15 years for aggravated circumstances involving serious injury, pregnant victims, restraining order violations, or child victims.

Beyond incarceration and fines, an assault and battery conviction creates collateral consequences that follow you: employment difficulties in any field requiring background checks, disqualification from professional licenses, loss of firearm rights under M.G.L. Chapter 140, immigration consequences for non-citizens potentially including deportation, and impact on future criminal cases where your record affects bail and sentencing decisions.

Defense options exist in assault and battery cases—often more than people initially realize. Your specific circumstances determine which defenses apply, but understanding the possibilities provides hope that outcomes can be far better than you’re currently fearing.

‍Self-defense represents one of the most common and effective defenses. Massachusetts law allows you to use reasonable force to protect yourself if you reasonably believe you face imminent danger of bodily harm. The force must be proportional to the threat, and in most situations, you must attempt to retreat if you can do so safely before resorting to force. Self-defense claims often depend on evidence about the sequence of events and any prior violent behavior by the alleged victim. Massachusetts courts permit introduction of evidence about an alleged victim’s prior violent acts under Commonwealth v. Adjutant to support self-defense claims.

‍Lack of intent, accident, and mistaken identity can completely negate the prosecution’s case. If the contact truly was accidental—not conscious and deliberate—the prosecution cannot prove intentional assault and battery. In chaotic situations like bar fights or large gatherings, police sometimes arrest the wrong person or rely on unreliable witness identifications. Demonstrating the contact was unintentional or that you weren’t the person who committed the assault defeats the charges.

‍False accusations arise more often than people realize, particularly in custody disputes, relationship breakdowns, or domestic situations where the alleged victim has motive to fabricate or exaggerate what happened. Showing inconsistencies in the alleged victim’s account, demonstrating their motive to lie, or presenting contradictory evidence can be decisive. Defense attorneys can challenge the credibility of accusers and present alternative explanations for injuries or the incident.

‍Constitutional violations and insufficient evidence also win cases. If police violated your rights during investigation, arrest, or questioning, evidence may be suppressed. If the Commonwealth simply cannot prove their case beyond reasonable doubt—perhaps because witness testimony is unreliable, physical evidence is lacking, or the prosecution’s theory doesn’t match the facts—you’re entitled to acquittal. These defenses require attorneys who know what constitutional violations to look for and how to effectively challenge the prosecution’s evidence.

Every case is different. What works depends entirely on your specific facts, your evidence, and your circumstances. Early investigation, preservation of evidence, and experienced legal representation make the difference between favorable outcomes and worst-case scenarios.

Don't face this alone — contact us today for a confidential consultation to discuss your case and explore your defense options.