Massachusetts G.L. c. 265, § 13D: Assault and Battery on a Police Officer or Public Employee
If your charging documents reference G.L. c. 265, § 13D, you are facing charges for assault and battery on a public employee or police officer. These charges are treated seriously by prosecutors, and if serious bodily injury to a police officer is alleged, a mandatory minimum sentence applies.
Understanding what constitutes a "dangerous weapon" under Massachusetts law is critical to understanding these charges and potential defenses.
Call (978) 969-2890 for a free consultation.
Understanding Your Charges and Your Options
Being accused of assaultBeing charged with assaulting a public employee or officer can feel like the deck is stacked against you, especially given how these cases are typically prosecuted. We understand that these situations are often far more complicated than they appear in police reports. For over 30 years, we have helped people facing assault charges understand their options and work toward the best possible outcome.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 265, § 13D Prohibit?
Massachusetts G.L. c. 265, § 13D makes it a crime to commit an assault and battery upon a public employee, including a police officer, while that person is engaged in the performance of their duties. The statute also separately criminalizes attempting to disarm a police officer performing their duties.
A public employee includes police officers as well as many other government workers, including public transit workers. Battery committed through a bodily substance, such as blood, saliva, or other bodily fluids, is expressly included in the statute.
The Commonwealth must also prove that you knew the person was a public employee performing official duties at the time of the touching. If serious bodily injury is caused to a police officer specifically, a mandatory minimum sentence applies and cannot be avoided through a continuance without a finding.
Common situations include altercations during an arrest, confrontations with transit workers, and disputes with other public employees such as firefighters or code enforcement officers acting in their official capacity.
What the Prosecution Must Prove
To convict you of this offense, the Commonwealth must prove each of the following elements beyond a reasonable doubt:
Touching : You touched the public employee. Any touching, however slight, is sufficient.
Intentional Act : You intended to touch the person. The touching was not accidental.
Likely to Cause Harm or Offensive : The touching was either likely to cause bodily harm, or was offensive.
Victim's Status, Duty, and Your Knowledge : The person was a public employee, was engaged in the performance of their duties at the time, and you knew this.
The Commonwealth must prove ALL of these elements. Weakness in any single element, especially whether you knew the person was a public employee acting in an official capacity, can be the foundation of your defense.
Touching : You touched the public employee. Any touching, however slight, is sufficient.
Intentional Act : You intended to touch the person. The touching was not accidental.
Likely to Cause Harm or Offensive : The touching was either likely to cause bodily harm, or was offensive.
Victim's Status, Duty, and Your Knowledge : The person was a public employee, was engaged in the performance of their duties at the time, and you knew this.
The Commonwealth must prove ALL of these elements. Weakness in any single element, especially whether you knew the person was a public employee acting in an official capacity, can be the foundation of your defense.
Penalties Under Massachusetts Law
Assault and battery on a public employee is a misdemeanor. But attempting to disarm a police officer, or causing serious bodily injury to a police officer, is a much more serious felony carrying a mandatory minimum sentence.
Assault and Battery on a Public Employee
● 90 days to 2.5 years in a house of correction, OR
● A fine of $500 to $5,000, OR both
● This tier applies to public employees generally, including public transit workers, and includes battery by means of a bodily substance
● A fine of $500 to $5,000, OR both
● This tier applies to public employees generally, including public transit workers, and includes battery by means of a bodily substance
Attempting to Disarm an Officer, or Causing Serious Bodily Injury
● Attempt to disarm a police officer: up to 10 years in state prison, OR a fine of up to $1,000 plus up to 2.5 years in jail or house of correction
● A&B on a police officer causing serious bodily injury: 1 to 10 years in state prison, or 1 to 2.5 years in a house of correction
● Upon conviction, this tier carries a mandatory minimum sentence of 1 year that cannot be suspended, reduced, or served on probation, and a fine of $500 to $10,000 is possible but not in place of the mandatory minimum
● A prosecution for causing serious bodily injury cannot be placed on file or continued without a finding
● A&B on a police officer causing serious bodily injury: 1 to 10 years in state prison, or 1 to 2.5 years in a house of correction
● Upon conviction, this tier carries a mandatory minimum sentence of 1 year that cannot be suspended, reduced, or served on probation, and a fine of $500 to $10,000 is possible but not in place of the mandatory minimum
● A prosecution for causing serious bodily injury cannot be placed on file or continued without a finding
Collateral Consequences
● A criminal record affecting employment, particularly in fields requiring background checks
● Potential loss of the right to possess firearms, particularly for the felony-tier offenses
● Immigration consequences for non-citizens
● Professional license implications
● Ineligibility for certain public sector or licensed positions with a conviction record
● Difficulty obtaining housing
● Warrantless arrest authority applies for offenses against transit workers operating a transit vehicle
● Potential loss of the right to possess firearms, particularly for the felony-tier offenses
● Immigration consequences for non-citizens
● Professional license implications
● Ineligibility for certain public sector or licensed positions with a conviction record
● Difficulty obtaining housing
● Warrantless arrest authority applies for offenses against transit workers operating a transit vehicle
Related Criminal Charges
● G.L. c. 265, § 13A: Simple Assault and Battery : A lesser included offense when the Commonwealth cannot prove the victim's public employee status or your knowledge of it
● G.L. c. 268, § 32B: Resisting Arrest : Frequently charged alongside this offense when the alleged conduct occurred during an arrest
● G.L. c. 265, § 13M: Domestic Assault and Battery : Applies instead if the alleged victim is a family or household member, not a public employee acting in that capacity
● G.L. c. 272, § 53: Disorderly Conduct : A lesser, related charge sometimes filed alongside or instead of this offense
● G.L. c. 265, § 13I: Assault or Battery on an EMT or Health Care Provider, a similar protected-class statute for a different category of worker
Related Practice Area: Our Assault and Battery Practice Area Overview
● G.L. c. 268, § 32B: Resisting Arrest : Frequently charged alongside this offense when the alleged conduct occurred during an arrest
● G.L. c. 265, § 13M: Domestic Assault and Battery : Applies instead if the alleged victim is a family or household member, not a public employee acting in that capacity
● G.L. c. 272, § 53: Disorderly Conduct : A lesser, related charge sometimes filed alongside or instead of this offense
● G.L. c. 265, § 13I: Assault or Battery on an EMT or Health Care Provider, a similar protected-class statute for a different category of worker
Related Practice Area: Our Assault and Battery Practice Area Overview
Defending Against Assault and Battery on a Police Officer or Public Employee Charges
These cases often present strong defense opportunities. Self-defense or defense of another is a common defense. If you reasonably believed you were in danger and used reasonable, proportionate force, you may have a complete defense to these charges.
Another key defense involves challenging whether the alleged victim was truly engaged in the performance of their official duties at the time, or whether you actually knew that person was a public employee acting in that capacity. Off-duty conduct, plainclothes officers, and ambiguous circumstances can all raise genuine questions on this element.
We also examine whether the touching was truly intentional, whether the alleged serious bodily injury meets the legal definition, and whether the prosecution can prove its case beyond a reasonable doubt. Many of these cases arise from chaotic arrest situations where accounts differ significantly.
For the base misdemeanor tier, diversion programs or favorable plea resolutions may be available depending on the circumstances and your record.
Another key defense involves challenging whether the alleged victim was truly engaged in the performance of their official duties at the time, or whether you actually knew that person was a public employee acting in that capacity. Off-duty conduct, plainclothes officers, and ambiguous circumstances can all raise genuine questions on this element.
We also examine whether the touching was truly intentional, whether the alleged serious bodily injury meets the legal definition, and whether the prosecution can prove its case beyond a reasonable doubt. Many of these cases arise from chaotic arrest situations where accounts differ significantly.
For the base misdemeanor tier, diversion programs or favorable plea resolutions may be available depending on the circumstances and your record.
What To Do Right Now
If you have been charged under G.L. c. 265, § 13D, taking the right steps now can make a significant difference in your case.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
We're Here To Help
Charges for assault and battery on a police officer or public employee can carry serious consequences, up to and including mandatory state prison time. Experienced legal representation is essential.
For over 30 years, we have defended assault charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
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.
For over 30 years, we have defended assault charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
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.
