Massachusetts has different rules for assault than for assault and battery. Assault occurs when one person threatens or intimidates another person. Actual physical contact is not necessary for assault allegations. Assault and battery offenses, on the other hand, involve physical contact. Individuals accused of assault and battery are at risk of significant consequences. A first offense can lead to up to 30 months in prison and $1,000 in fines. If the other party sustains injuries, then the penalties increase to up to five years in state custody and $5,000 in fines.
Prosecutors typically need to establish that an assault and battery case meets three key standards to secure a conviction. What are the requirements for a strong assault and battery case in criminal court?
1. Unwanted physical touch
The first component of assault and battery is that there was non-consensual physical contact between the two parties. The state has to prove that the party accused of assault and battery actually physically touched the other party and did so without their consent. Claims of acting and self-defense or in defense of another person could undermine the state’s claim of assault and battery, for example, as acting to protect oneself can make physical contact lawful.
2. Intentional physical contact
There are certain scenarios in which one party may unintentionally make physical contact with another. Someone might trip while rushing through the grocery store, for example. They could slam into another customer and knock them to the floor. Such circumstances do not involve intentional contact and therefore do not warrant assault and battery charges because there was no intent to touch the other party.
3. A likelihood of causing injury or offense
Technically, state prosecutors usually do not need to prove that the physical contact caused harm to justify basic assault and battery charges. However, they do need to establish that the intent was to injure or offend the other party. Provided that reasonable people agree that the contact that occurred was likely to cause injury or offense, then the situation may constitute assault and battery.
Defending against assault and battery charges may entail establishing that the situation does not meet the state definition of assault and battery. Those facing violent criminal charges may benefit from seeking legal support when developing a defense strategy that will help them avoid a conviction.