Massachusetts G.L. c. 265, § 13M: Domestic Assault and Battery, Second or Subsequent Offense
If your charging documents reference a second or subsequent offense under G.L. c. 265, § 13M, you are facing a felony charge with state prison exposure. Whether a prior case actually qualifies as a predicate offense is often a genuinely contested issue.
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 a second or subsequent domestic assault and battery offense is serious, since it converts what would otherwise be a misdemeanor into a felony carrying state prison exposure. We understand these situations are often more complicated than they appear. For over 30 years, we have helped people facing domestic violence 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, § 13M(b) Prohibit?
Massachusetts G.L. c. 265, § 13M(b) enhances the penalty for an assault and battery on a family or household member when the defendant has a prior conviction for this same offense, or for a like offense in another jurisdiction. This is the same underlying conduct as a first-offense charge, but the prior conviction converts it from a misdemeanor into a felony.
A family or household member is defined more narrowly here than under the civil 209A restraining order statute. It covers people who are or were married, who have a child in common, or who are or have been in a substantive dating or engagement relationship.
Whether a prior case actually qualifies as a predicate offense requires a careful review of the prior charge and its disposition. It should never be assumed from a general "domestic violence" label alone, and this is frequently a contested issue in these cases.
Upon conviction or as a condition of a continuance without a finding, the court must order completion of a certified batterer's intervention program unless the court states good cause in writing or the program determines the defendant unsuitable.
What the Prosecution Must Prove
To convict you of this offense, the Commonwealth must prove each of the following elements beyond a reasonable doubt:
Family or Household Relationship : At the time of the alleged act, you and the alleged victim were family or household members as the statute defines that term.
Touching Without Justification or Excuse : Without legal justification or excuse, you touched the body of the alleged victim.
Intentional Touching : You intended to touch the alleged victim. It does not matter whether you intended to cause injury.
Likely to Cause Harm or Without Consent : The touching was either likely to cause bodily harm to the alleged victim, or was done without their consent.
The Commonwealth must prove ALL of these elements, and separately must establish that the prior conviction actually qualifies as a predicate offense under this statute. Weakness in any of these can be the foundation of your defense.
Family or Household Relationship : At the time of the alleged act, you and the alleged victim were family or household members as the statute defines that term.
Touching Without Justification or Excuse : Without legal justification or excuse, you touched the body of the alleged victim.
Intentional Touching : You intended to touch the alleged victim. It does not matter whether you intended to cause injury.
Likely to Cause Harm or Without Consent : The touching was either likely to cause bodily harm to the alleged victim, or was done without their consent.
The Commonwealth must prove ALL of these elements, and separately must establish that the prior conviction actually qualifies as a predicate offense under this statute. Weakness in any of these can be the foundation of your defense.
Penalties Under Massachusetts Law
A second or subsequent offense under this statute is a felony that can be prosecuted in Superior Court, unlike a first offense.
First Offense (For Comparison)
● Up to 2.5 years in a house of correction, OR
● A fine of up to $5,000, OR both
● A first offense is a misdemeanor
● Both fine and imprisonment possible
● A fine of up to $5,000, OR both
● A first offense is a misdemeanor
● Both fine and imprisonment possible
Second or Subsequent Offense (Felony)
● Up to 2.5 years in a house of correction, OR
● Up to 5 years in state prison
● No statutory fine amount is specified for this tier; the state prison option makes this a felony that may be prosecuted in Superior Court
● Up to 5 years in state prison
● No statutory fine amount is specified for this tier; the state prison option makes this a felony that may be prosecuted in Superior Court
Collateral Consequences
● A felony criminal record affecting employment
● Loss of the right to possess firearms
● Severe immigration consequences for non-citizens
● Professional license implications
● Mandatory completion of a certified batterer's intervention program
● Difficulty obtaining housing
● Impact on child custody determinations
● Loss of the right to possess firearms
● Severe immigration consequences for non-citizens
● Professional license implications
● Mandatory completion of a certified batterer's intervention program
● Difficulty obtaining housing
● Impact on child custody determinations
Related Criminal Charges
● G.L. c. 265, § 13M (First Offense) : Applies if the Commonwealth cannot establish a qualifying prior conviction
● G.L. c. 265, § 15D: Strangulation or Suffocation : Often charged alongside domestic assault and battery offenses
● G.L. c. 209A, § 7: Violation of an Abuse Prevention Order : A separate charge if a restraining order was also allegedly violated
● 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, § 43: Stalking, sometimes charged alongside repeat domestic violence allegations
Related Practice Area: Our Domestic Assault and Battery Practice Area Overview
● G.L. c. 265, § 15D: Strangulation or Suffocation : Often charged alongside domestic assault and battery offenses
● G.L. c. 209A, § 7: Violation of an Abuse Prevention Order : A separate charge if a restraining order was also allegedly violated
● 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, § 43: Stalking, sometimes charged alongside repeat domestic violence allegations
Related Practice Area: Our Domestic Assault and Battery Practice Area Overview
Defending Against a Second or Subsequent Offense Charge
Whether the prior conviction actually qualifies as a predicate offense is often the single most important issue in these cases. If the prior case was not actually a conviction under this statute, was resolved differently than assumed, or does not otherwise meet the statutory requirements, the felony enhancement may not apply.
Self-defense or defense of another is also a valid defense to the underlying assault and battery allegation. Consent, accident, or legal justification for the touching remain complete defenses, exactly as they would for a first-offense charge.
We also examine whether the family or household relationship actually meets the statute's narrower definition, and whether the prosecution can prove its case beyond a reasonable doubt. Domestic cases frequently arise from emotionally charged situations where accounts differ significantly.
Given the felony exposure and mandatory batterer's intervention requirement, careful case preparation and, where appropriate, negotiation are essential from the outset.
Self-defense or defense of another is also a valid defense to the underlying assault and battery allegation. Consent, accident, or legal justification for the touching remain complete defenses, exactly as they would for a first-offense charge.
We also examine whether the family or household relationship actually meets the statute's narrower definition, and whether the prosecution can prove its case beyond a reasonable doubt. Domestic cases frequently arise from emotionally charged situations where accounts differ significantly.
Given the felony exposure and mandatory batterer's intervention requirement, careful case preparation and, where appropriate, negotiation are essential from the outset.
What To Do Right Now
If you have been charged under G.L. c. 265, § 13M(b), 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
A second or subsequent domestic assault and battery charge carries felony exposure, including state prison time. Experienced legal representation is essential.
For over 30 years, we have defended domestic violence 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 domestic violence 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.
