Massachusetts G.L. c. 265, § 13K: Assault and Battery on an Elderly or Disabled Person
If your charging documents reference G.L. c. 265, § 13K, you are facing enhanced assault and battery charges because the alleged victim is elderly or has a disability. Penalties increase significantly if injury resulted.
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 assault and battery on an elderly or disabled person is a serious allegation, and these cases are often more complicated than police reports suggest. 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, § 13K Prohibit?
Massachusetts G.L. c. 265, § 13K makes it a crime to commit an assault and battery upon a person who is elderly or has a disability. This statute significantly enhances the penalties for an ordinary assault and battery based solely on the identity of the victim.
Under the statute, an elderly person is anyone 60 years of age or older. A person with a disability is anyone with a permanent or long-term physical or mental impairment that prevents or restricts their ability to provide for their own care or protection.
The base offense requires no proof of injury at all. Penalties increase in tiers depending on whether the alleged conduct caused bodily injury or serious bodily injury, so the specific facts of your case significantly affect what you are facing.
A separate provision of this same statute addresses caretakers who wantonly or recklessly permit injury to an elder or disabled person in their care, which is a distinct charge from directly committing the assault and battery yourself.
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 alleged victim. Any touching, however slight, is sufficient.
Intentional Act : The touching was intentional, not accidental or negligent.
Likely to Cause Harm or Offensive : The touching was either likely to cause bodily harm, or was offensive.
Victim Was Elderly or Disabled : The alleged victim was 60 years of age or older, or was a person with a permanent or long-term physical or mental impairment restricting their ability to provide for their own care or protection, on the date of the alleged offense.
The Commonwealth must prove ALL of these elements. Whether the alleged victim actually qualifies as elderly or disabled under the statute is often a genuinely contested issue.
Touching : You touched the alleged victim. Any touching, however slight, is sufficient.
Intentional Act : The touching was intentional, not accidental or negligent.
Likely to Cause Harm or Offensive : The touching was either likely to cause bodily harm, or was offensive.
Victim Was Elderly or Disabled : The alleged victim was 60 years of age or older, or was a person with a permanent or long-term physical or mental impairment restricting their ability to provide for their own care or protection, on the date of the alleged offense.
The Commonwealth must prove ALL of these elements. Whether the alleged victim actually qualifies as elderly or disabled under the statute is often a genuinely contested issue.
Penalties Under Massachusetts Law
This offense carries three separate penalty tiers depending on whether injury resulted, and how serious that injury was.
Base Offense (No Injury Required)
● Up to 3 years in state prison, OR
● Up to 2.5 years in a house of correction, OR
● A fine of up to $1,000, with both fine and imprisonment possible
● Both fine and imprisonment possible
● Up to 2.5 years in a house of correction, OR
● A fine of up to $1,000, with both fine and imprisonment possible
● Both fine and imprisonment possible
Where Injury Results
● Bodily injury: up to 5 years in state prison, or up to 2.5 years in a house of correction, or a fine of up to $1,000, or both
● Serious bodily injury: up to 10 years in state prison, or up to 2.5 years in a house of correction, or a fine of up to $5,000, or both
● "Serious bodily injury" means a substantial impairment such as a burn, bone fracture, subdural hematoma, or injury to an internal organ; "bodily injury" is a broader category of substantial impairment to the physical condition
● Serious bodily injury: up to 10 years in state prison, or up to 2.5 years in a house of correction, or a fine of up to $5,000, or both
● "Serious bodily injury" means a substantial impairment such as a burn, bone fracture, subdural hematoma, or injury to an internal organ; "bodily injury" is a broader category of substantial impairment to the physical condition
Collateral Consequences
● A criminal record affecting employment, particularly in caregiving or healthcare fields
● Potential loss of the right to possess firearms
● Immigration consequences for non-citizens
● Professional license implications, especially for caretakers, nurses, or home health aides
● Possible restraining order implications
● Difficulty obtaining housing
● Reporting to relevant licensing boards or elder protective services agencies
● Potential loss of the right to possess firearms
● Immigration consequences for non-citizens
● Professional license implications, especially for caretakers, nurses, or home health aides
● Possible restraining order implications
● Difficulty obtaining housing
● Reporting to relevant licensing boards or elder protective services agencies
Related Criminal Charges
● G.L. c. 265, § 13A: Simple Assault and Battery : A lesser included offense when the Commonwealth cannot prove the victim was elderly or disabled
● G.L. c. 265, § 15A: Assault and Battery with a Dangerous Weapon : A more serious felony charge if a dangerous weapon was allegedly used
● G.L. c. 265, § 13H: Indecent Assault and Battery : Applies instead if the alleged touching was of a sexual nature, and explicitly cross-references the elder and disabled person definitions from this same statute
● G.L. c. 266, § 30: Larceny : Financial exploitation charges are sometimes filed alongside this offense in caretaker or family situations
● G.L. c. 265, § 13J: Assault and Battery on a Child, a similarly structured protected-class statute for a different category of victim
Related Practice Area: Our Assault and Battery Practice Area Overview
● G.L. c. 265, § 15A: Assault and Battery with a Dangerous Weapon : A more serious felony charge if a dangerous weapon was allegedly used
● G.L. c. 265, § 13H: Indecent Assault and Battery : Applies instead if the alleged touching was of a sexual nature, and explicitly cross-references the elder and disabled person definitions from this same statute
● G.L. c. 266, § 30: Larceny : Financial exploitation charges are sometimes filed alongside this offense in caretaker or family situations
● G.L. c. 265, § 13J: Assault and Battery on a Child, a similarly structured protected-class statute for a different category of victim
Related Practice Area: Our Assault and Battery Practice Area Overview
Defending Against Assault and Battery on an Elderly or Disabled Person Charges
These cases often present genuine defense opportunities. Self-defense or defense of another is a common defense, particularly in caretaking situations involving a combative or resistant individual.
Another key defense involves challenging whether the alleged victim actually meets the legal definition of elderly or disabled under the statute. Age is usually straightforward to verify, but whether a claimed impairment meets the statutory threshold for disability can be genuinely contested.
We also examine whether any alleged injury actually meets the legal definitions of bodily injury or serious bodily injury, since the classification significantly affects the penalty you are facing. Medical records and the specifics of the alleged injury matter greatly here.
For the base tier without injury, 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 actually meets the legal definition of elderly or disabled under the statute. Age is usually straightforward to verify, but whether a claimed impairment meets the statutory threshold for disability can be genuinely contested.
We also examine whether any alleged injury actually meets the legal definitions of bodily injury or serious bodily injury, since the classification significantly affects the penalty you are facing. Medical records and the specifics of the alleged injury matter greatly here.
For the base tier without injury, 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, § 13K, 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 an elderly or disabled person can carry serious consequences, including 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.
