Heated arguments that escalate even slightly can turn into threats, scuffles, fistfights, beatings and other violence that can result in Assault and battery charges. If you are found guilty of assault and battery in Massachusetts, the penalties are up to 2½ years incarceration and a fine of up to $1,000. In addition, you would then have a criminal record, which often has a detrimental impact on your ability to land a job, rent an apartment, or qualify for a security clearance. Other possible consequences include supervised probation and mandated anger management programs. Considering these circumstances, if you have been arrested and charged with assault and battery, you need a skilled, experienced, criminal defense lawyer who is an expert in these matters – the sooner, the better. Any person who tries to contest charges like this without a good lawyer is taking a huge risk. As with any criminal legal situation, it is always wise to not make any statements to the police until you have spoken with your attorney.

Some of the most common places for fights that lead to assault charges are places where alcohol is served, such as bars, parking lots where tailgating takes place at public sporting events, college frat parties, and dance clubs. Assault & battery does not have to result in a person being hurt or injured physically, but rather it can merely be the threat or intent to hurt someone – by throwing a rock or bottle, pointing a gun or knife, or even just yelling at them. In many cases, the biggest determinant in who gets to file assault and battery charges is which party calls the police first. Unlike what popular opinion might suggest, it is not that common in such cases for the police to arrive at a scene where one party is standing and the other party has been knocked out cold. In fact, the person who calls the police – the “victim” – might have been the actual aggressor and the other party might have been acting in self-defense.

With assault and battery charges, there are numerous variables that determine how the legal system treats you and the penalty that will be imposed if you are found guilty. For example, some of the conditions that will induce harsher treatment by the District Attorney or Assistant District Attorney include: domestic violence assaults, assault with a dangerous weapon, assault of a public official or police officer, aggravated assaults, assault with intent to rob, maim or murder; or assault of a minor under 14. Another important factor is whether you have been charged with a misdemeanor or a felony. Assault with a deadly weapon – which can include a handgun or rifle, knife, brick, or many other objects – generally merits a felony charge.

Legal defenses against assault and battery charges are contingent on the exact facts of the case, but a skilled attorney can often find flaws with the prosecution’s case as well. Approaches can include filing motions to suppress evidence, assertions of self-defense, and plea bargaining to get the charges reduced to a misdemeanor or to receive probation and anger-management counseling rather than jail time.

If you have been charged with assault in Western Massachusetts (Hampshire, Hampden, Berkshire, and Franklin Counties) – or even if you think someone is considering filing charges against you – contact us for a free, no-obligation consultation and evaluation. We will look at the facts in your case and give you our honest assessment of probable outcomes. If we decide to move forward together, we will strive in every way to defend your rights – to get your charges reduced or the case dismissed.
At the Law Offices of Sean J. Cleary, located in Amherst, MA, we have over 15 years of experience handling assault and battery cases in Western Massachusetts in front of all the area’s District and Superior Courts. Our office has the personal touch, with me personally handling or supervising every case. If you are incarcerated in jail or prison, we will go there to meet with you.