Developing Strong Strategies for Your Defense
We are dedicated to providing a quality criminal defense and we focus a large portion of our practice to assault, assault and battery and domestic violence cases. We understand how to provide a strong defense strategy geared towards helping you obtain the best possible solutions in the courtroom.
Assault with Dangerous Weapon
The charge of assault is bifurcated in Massachusetts: It is either an attempted battery or an immediately threatened battery. A battery is a harmful or an un-permitted touching of another person.
Charges of assault are often can be very subjective, and people are often falsely charged with assault because of spoken words, although words alone are not sufficient to convict a defendant of assault.
Assault with Danerous Weapon has the added element that it is committed with an an item which is designed for the purpose of causing serious injury or death. An item that is normally used for innocent purposes can become a dangerous weapon if it is used in a dangerous or potentially dangerous fashion. The law considers an item to be used in a dangerous fashion if it is used in a way that it reasonably appears to be capable of causing serious injury or death to another person. For example, a rock or a baseball can be a dangerous weapon if it is thrown at someone’s head.
G.L. CHAPTER 265 § 13A
Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000.
A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons.
(b) Whoever commits an assault or an assault and battery:
(i) upon another and by such assault and battery causes serious bodily injury;
(ii) upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant; or
(iii) upon another who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment issued pursuant to section 18, section 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, in effect against him at the time of such assault or assault and battery; shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 21/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.
(c) For the purposes of this section, ”serious bodily injury” shall mean bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.
Experienced Defense Against Assault Charges
At the Massachusetts Law Office of Michael J. Brothers, we carefully review statutes and relevant case to prepare the best defense. In many cases, a motion hearing can be held to avoid the necessity of going to trial.
We always review ALL discovery, including police reports, witnesses statements, and any other evidence for inconsistencies and carefully sort out all the evidence to prepare the best defense strategy. When necessary, we use private investigators to assist in gathering evidence and interviewing witnesses. Ultimately, we attempt to obtain not-guilty verdicts and get charges of assault and battery dismissed. We defend clients in Worcester, Milford, Boston, Brockton, Dedham, Fall River, New Bedford, Wareham, Wrentham and throughout Eastern Massachusetts. Call 508-944-3397 to schedule a free initial consultation.