Bristol County Assault and Battery Defense Lawyers

Have You Been Charged with Assault or Battery in Massachusetts?

At the Law Office of Frank D. Camera and Associates, we understand that good people sometimes find themselves in difficult situations. We also understand that good people make mistakes. If you or someone you love has been charged with assault or battery in Massachusetts, you must take the charges very seriously. The penalties for a conviction can be severe, and a conviction will create a criminal record that will follow you for the rest of your life.

The good news is that you are innocent until proven guilty, and you have the right to a vigorous defense. Our experienced criminal defense lawyers are here to protect your rights, fight the charges, and help you avoid the serious consequences of a conviction. When you reach out to our team after an arrest, we can explain how the law applies to your specific situation and what you can expect at each stage of the case in local courts such as the Fall River District Court or New Bedford District Court. By speaking with an assault attorney in Bristol County early, you can avoid common mistakes, preserve important evidence, and begin building a defense strategy that is tailored to your version of events and your goals for the future.

To learn how we can assist you, please call us at (877) 444-1098 or contact us online to schedule a complimentary, confidential consultation. 

Understanding the Local Assault Court Process

After an assault or assault and battery arrest, many people are unsure what will happen next or how quickly they must act. In Bristol County, cases typically begin with an arraignment in a local district court, such as the Fall River Justice Center or New Bedford District Court, where the charges are formally read and conditions of release, including bail, may be set. From there, the case can move through pre-trial conferences, motion hearings, and, if necessary, a trial. Knowing this general timeline helps you plan for work, family responsibilities, and the decisions you will need to make at each stage.

During the early stages of the case, we review the police report and any available evidence with you, advise you about whether to assert your right to a clerk magistrate hearing (when available), and begin communicating with the prosecutor. In some situations, it may be possible to resolve a matter through pre-trial diversion, continuance without a finding, or other alternatives that can reduce the long-term impact on your record. Working with an assault lawyer who understands how these options are applied in Bristol County courts can give you a clearer picture of what is realistic for your situation and how best to protect your future.

What Is the Difference Between Assault and Battery in Massachusetts?

In Massachusetts, the criminal offenses of “assault” and “battery” are defined separately under state law. While they are related, they are not the same thing, and they carry different penalties.

Under Massachusetts law, assault is defined as “an intentional act that causes a reasonable apprehension of immediate harmful or offensive touching.” In other words, assault is the act of putting someone in fear of physical harm. You do not actually have to touch the other person to be charged with assault.

Battery is defined as “an intentional, unconsented-to touching of another person that causes bodily harm or is offensive to a reasonable person.” In other words, battery is the act of touching someone in a harmful or offensive way. You do not have to cause physical harm to be charged with battery.

In Massachusetts, assault and battery are separate criminal offenses. It is defined as “an intentional, unconsented-to touching of another person that causes bodily harm or is offensive to a reasonable person.” In an assault and battery case, the prosecution must prove that you intentionally touched the other person and that the touching was harmful or offensive.

To be convicted of assault and battery, the prosecution must also prove that you did not have the other person’s consent to touch them. If you were acting in self-defense, for example, this could provide a complete defense to the charges.

Because these definitions can be confusing, especially when emotions are high after an arrest, it can be very helpful to sit down with an assault lawyer and walk through the police report, witness statements, and any available video. We can help you understand whether the conduct the Commonwealth is alleging truly fits the legal elements of assault, battery, or assault and battery, and whether the evidence is strong enough for the Bristol County District Attorney’s Office to move forward.

What Are the Legal Consequences of Assault and Battery Charges in Massachusetts?

The legal consequences of an assault and battery conviction in Massachusetts depend on the specific allegations against you. If you are charged with simple assault and battery, then you will be facing a misdemeanor charge. If you are charged with aggravated assault and battery, then you will be facing a felony charge.

Key factors that affect the potential penalties in your case include:

• The type of charge – Whether prosecutors file the case as simple assault and battery, aggravated assault and battery, or assault and battery on a family or household member will greatly influence the potential sentence.
• Alleged injuries – Cases involving serious bodily injury, use of a weapon, or vulnerable victims often expose you to more severe penalties and additional conditions of probation.
• Your prior record – Prior convictions for violent offenses or other criminal history can increase the likelihood of jail or prison time and higher fines.
• Collateral consequences – In addition to jail, prison, and fines, a conviction can affect your immigration status, employment, housing, and ability to hold certain professional licenses.

1. Simple Assault and Battery

• Simple assault and battery is a misdemeanor offense under Massachusetts law. If you are convicted of simple assault and battery, you can face up to 2.5 years in jail and a fine of up to $1,000.

2. Aggravated Assault and Battery

• Aggravated assault and battery is a felony offense under Massachusetts law. If you are convicted of aggravated assault and battery, you can face up to 5 years in prison and a fine of up to $5,000.

If you are charged with assault and battery on a family or household member, then you will be facing a felony charge as well. However, the potential penalties are much more severe.

• If you are convicted of assault and battery on a family or household member in Massachusetts, you can face up to 2.5 years in jail and a fine of up to $5,000.
• If you have a prior conviction, then you can face up to 5 years in prison and a fine of up to $10,000.
• If you have two prior convictions, then you can face up to 5 years in prison and a fine of up to $15,000.

In addition to these penalties, a conviction for assault and battery in Massachusetts can have collateral consequences as well. These can include loss of employment and difficulty finding a job, being unable to obtain a professional license, and being unable to secure housing.

Assault and battery cases can also lead to probation terms, restraining orders, requirements to complete counseling, and immigration issues for non-citizens, all of which can affect your life long after any jail or prison sentence ends. By working with an assault attorney who regularly appears in Bristol County courts, you can better understand the full range of possible outcomes in your case and make informed choices about whether to negotiate a plea, seek a diversion program, or proceed to trial.