Massachusetts G.L. c. 265, § 13A: Assault and Battery
If you're looking at this page, you may be holding a criminal complaint or summons citing G.L. c. 265, § 13A. Being charged with assault and battery is stressful and confusing. Understanding what you're facing is the first step toward protecting your future.
Call (978) 969-2890 for a free consultation.
Understanding Your Charges and Your Options
Being charged with assault and battery can happen in an instant—a misunderstanding, a heated moment, or even a false accusation.
For nearly 30 years, we have helped people through exactly what you're experiencing right now. You don't have to face this alone. If you're looking at this page, you may have just received charging documents citing Massachusetts G.L. c. 275, § 2. Understanding exactly what this charge means under Massachusetts law—and what the prosecution must prove against you—is the first step toward protecting yourself.
Call (978) 969-2890 for a free consultation.
For nearly 30 years, we have helped people through exactly what you're experiencing right now. You don't have to face this alone. If you're looking at this page, you may have just received charging documents citing Massachusetts G.L. c. 275, § 2. Understanding exactly what this charge means under Massachusetts law—and what the prosecution must prove against you—is the first step toward protecting yourself.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 265, § 13A Prohibit?
Massachusetts General Laws Chapter 265, Section 13A is the Commonwealth's general assault and battery statute. It prohibits two distinct types of conduct: assault (threatening physical contact) and assault and battery (actual physical contact).
An assault and battery occurs when someone intentionally touches another person in a way that is either harmful or offensive. The touching does not need to cause injury—any unwanted physical contact can be enough if done intentionally.
Massachusetts law also recognizes a second form of assault and battery based on reckless conduct. Under this theory, a person can be convicted if they intentionally engaged in reckless behavior that caused bodily injury to another person.
Simple Assault vs. Assault and Battery
Simple assault involves creating a reasonable fear of imminent physical harm without actual contact. Assault and battery requires actual physical contact. Under Massachusetts law, every battery includes an assault as a lesser included offense.
What the Prosecution Must Prove
To convict you of assault and battery, the Commonwealth must prove every element of the offense beyond a reasonable doubt. This is a high standard, and the prosecution bears the entire burden.
Intentional Assault and Battery
For intentional assault and battery, the prosecution must prove these three elements:
Touching — The defendant touched the person of the alleged victim. A touching is any physical contact, however slight. It can be direct (striking someone) or indirect (setting in motion a force that strikes another).
Intent — The defendant intended to touch the alleged victim. This means the touching was conscious and deliberate, not accidental or negligent. The prosecution does not need to prove intent to injure.
Harmful or Offensive — The touching was either likely to cause bodily harm to the alleged victim, or was offensive (meaning without consent).
Reckless Assault and Battery
For assault and battery by reckless conduct, the prosecution must prove:
Intentional Reckless Act Causing Injury — The defendant intentionally engaged in actions that caused bodily injury to the alleged victim. The injury must be serious enough to interfere with the victim's health or comfort—more than momentary discomfort.
Recklessness — The defendant's actions went beyond mere negligence and amounted to recklessness. The defendant knew, or should have known, that such actions were very likely to cause substantial harm, but ran that risk anyway.
The Commonwealth must prove ALL of these elements. Weakness in any single element can be the foundation of your defense.
Penalties for Assault and Battery Under Massachusetts Law
Simple Assault and Battery (Misdemeanor)
● Imprisonment for up to 2½ years in the house of correction
● Fine of up to $1,000
● Either imprisonment or fine, not necessarily both
● A summons may be issued instead of a warrant for arrest
● Fine of up to $1,000
● Either imprisonment or fine, not necessarily both
● A summons may be issued instead of a warrant for arrest
Aggravated Assault and Battery (Felony)
Massachusetts law provides enhanced penalties when assault and battery involves:
● Serious bodily injury — Injury resulting in permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or a substantial risk of death
● Pregnant victim — When the defendant knew or had reason to know the victim was pregnant
● Restraining order violation — When the defendant knows an active restraining order or no-contact order exists against them
For aggravated assault and battery:
● Imprisonment for up to 5 years in state prison, OR
● Imprisonment for up to 2½ years in the house of correction
● Fine of up to $5,000
● Both imprisonment and fine possible
● Serious bodily injury — Injury resulting in permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or a substantial risk of death
● Pregnant victim — When the defendant knew or had reason to know the victim was pregnant
● Restraining order violation — When the defendant knows an active restraining order or no-contact order exists against them
For aggravated assault and battery:
● Imprisonment for up to 5 years in state prison, OR
● Imprisonment for up to 2½ years in the house of correction
● Fine of up to $5,000
● Both imprisonment and fine possible
Massachusetts law provides enhanced penalties when assault and battery involves:
● Serious bodily injury — Injury resulting in permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or a substantial risk of death
● Pregnant victim — When the defendant knew or had reason to know the victim was pregnant
● Restraining order violation — When the defendant knows an active restraining order or no-contact order exists against them
For aggravated assault and battery:
● Imprisonment for up to 5 years in state prison, OR
● Imprisonment for up to 2½ years in the house of correction
● Fine of up to $5,000
● Both imprisonment and fine possible
● Serious bodily injury — Injury resulting in permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or a substantial risk of death
● Pregnant victim — When the defendant knew or had reason to know the victim was pregnant
● Restraining order violation — When the defendant knows an active restraining order or no-contact order exists against them
For aggravated assault and battery:
● Imprisonment for up to 5 years in state prison, OR
● Imprisonment for up to 2½ years in the house of correction
● Fine of up to $5,000
● Both imprisonment and fine possible
Collateral Consequences
● Permanent criminal record affecting employment, housing, and educational opportunities
● Potential impact on professional licenses
● Immigration consequences for non-citizens
● Firearm license revocation or denial
● Potential civil liability to the alleged victim
● Restraining order implications in domestic situations
● Potential impact on professional licenses
● Immigration consequences for non-citizens
● Firearm license revocation or denial
● Potential civil liability to the alleged victim
● Restraining order implications in domestic situations
Related Criminal Charges
● G.L. c. 265, § 13M: Domestic Assault and Battery — Assault and battery on a family or household member, with penalties up to 2½ years and $5,000 fine, plus mandatory batterer's intervention program
● G.L. c. 265, § 15A: Assault and Battery with a Dangerous Weapon — Up to 10 years state prison or 2½ years house of correction
● G.L. c. 265, § 13D: Assault and Battery on a Police Officer or Public Employee — Minimum 90 days to 2½ years, fine $500-$5,000
● G.L. c. 265, § 13K: Assault and Battery on an Elderly or Disabled Person — Up to 3 years state prison or 2½ years house of correction
● G.L. c. 265, § 13J: Assault and Battery on a Child Under 14 — Enhanced penalties based on severity of injury
● G.L. c. 265, § 39: Assault and Battery to Intimidate — Bias-motivated assault based on race, religion, national origin, sexual orientation, gender identity, or disability
● G.L. c. 265, § 15A: Assault and Battery with a Dangerous Weapon — Up to 10 years state prison or 2½ years house of correction
● G.L. c. 265, § 13D: Assault and Battery on a Police Officer or Public Employee — Minimum 90 days to 2½ years, fine $500-$5,000
● G.L. c. 265, § 13K: Assault and Battery on an Elderly or Disabled Person — Up to 3 years state prison or 2½ years house of correction
● G.L. c. 265, § 13J: Assault and Battery on a Child Under 14 — Enhanced penalties based on severity of injury
● G.L. c. 265, § 39: Assault and Battery to Intimidate — Bias-motivated assault based on race, religion, national origin, sexual orientation, gender identity, or disability
Defending Against Assault and Battery Charges
Every assault and battery case depends on its specific facts. The circumstances surrounding the alleged incident, the available evidence, and the credibility of witnesses all play critical roles in determining how best to approach your defense.
Common defense strategies may include challenging whether any touching actually occurred, whether the touching was intentional rather than accidental, or whether you had legal justification for your actions. Self-defense, defense of others, and defense of property are recognized legal justifications under Massachusetts law. Consent may also be relevant in certain circumstances.
False accusations are not uncommon in assault and battery cases, particularly those arising from domestic disputes, workplace conflicts, or other emotionally charged situations. An experienced attorney can evaluate the evidence, identify inconsistencies in the prosecution's case, and protect your rights throughout the process.
Common defense strategies may include challenging whether any touching actually occurred, whether the touching was intentional rather than accidental, or whether you had legal justification for your actions. Self-defense, defense of others, and defense of property are recognized legal justifications under Massachusetts law. Consent may also be relevant in certain circumstances.
False accusations are not uncommon in assault and battery cases, particularly those arising from domestic disputes, workplace conflicts, or other emotionally charged situations. An experienced attorney can evaluate the evidence, identify inconsistencies in the prosecution's case, and protect your rights throughout the process.
What To Do Right Now
If you've just been charged with assault and battery, here's what you need to know:
● Don't talk to police without a lawyer present
● Don't discuss your case with anyone except your attorney
● Don't post anything about your case on social media
● Don't contact the alleged victim, even to "work things out"
● Preserve any evidence that might help your defense (texts, emails, photos, videos)
● Write down everything you remember while it's fresh
● Identify any witnesses who saw what happened
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
● Don't talk to police without a lawyer present
● Don't discuss your case with anyone except your attorney
● Don't post anything about your case on social media
● Don't contact the alleged victim, even to "work things out"
● Preserve any evidence that might help your defense (texts, emails, photos, videos)
● Write down everything you remember while it's fresh
● Identify any witnesses who saw what happened
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
We're Here To Help
Facing assault and battery charges can feel overwhelming. You're worried about your job, your reputation, and your future. We understand. For nearly 30 years, we have helped people through exactly what you're experiencing.
A free consultation gives you the opportunity to discuss your situation, understand your options, and ask questions—with no obligation. Everything you share is confidential.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
A free consultation gives you the opportunity to discuss your situation, understand your options, and ask questions—with no obligation. Everything you share is confidential.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
