Assault and Battery

Krieger

Assault and Battery

Assault and Battery (A&B) is governed by Massachusetts General Laws chapter 265 section 13A.  It is a misdemeanor and carries a maximum penalty of 2.5 years in the house of corrections and/or $1000 dollars.  

However, there are many circumstances under which an Assault and Battery carries a more severe penalty. These include:

  • Serious Bodily Injury – If the A&B caused serious bodily injury, it is a felony with a maximum penalty of 5 years in state prison or 2.5 years in the house of corrections and/or a $5000 fine.  (c. 265 s. 13A)
  • Pregnant Victim – If the A&B is against a pregnant person, it is a felony with a maximum penalty of 5 years in state prison or 2.5 years in the house of corrections and/or a $5000 fine. (c. 265 s. 13A)
  • In Violation of a Restraining Order – If the A&B is against someone who had an active abuse prevention or stay away/no contact order against the person accused of the A&B, it is a felony with a maximum penalty of 5 years in state prison or 2.5 years in the house of corrections and/or a $5000 fine. (c. 265 s. 13A)
  • For the Purposes of Collecting a Loan – If the A&B was done for the purposes of collecting a loan, it is a felony with a maximum penalty of no less than 3 but no more than 5 years in state prison or not more than 2.5 years in the house of correction.  For a second or subsequent offense it has a penalty of no less than 5 but no more than 10 years in state prison. A subsequent offense carries a “true” mandatory minimum penalty of 5 years in state prison, with no possibility of probation or parole before that 5 years is served.  (c.265 s.13C)
  • Against a Public Employee/Healthcare Provider – If the A&B is against a public employee or healthcare provider engaged in the performance of their duties, it is a misdemeanor carrying a penalty of no less than 90 days and no more than 2.5 years in the house of corrections and a fine of no less than $500 and no more than $5000.  Neither of these is a “true” mandatory minimum sentence, and probation may be imposed in lieu of either. (c. 265 s. 13D/13I)
  • Disarming a Police Officer – If the A&B is part of an attempt to disarm a police officer during the performance of his duties, it is a felony punishable by up to 10 years in state prison and/or a fine of up to $5000, or by up to 2.5 years in the house of corrections. (c. 265 s. 13D)
  • Against a Person with an Intellectual Disability – If the A&B is committed against a person with an intellectual disability, it is a felony carrying a potential penalty of up to 5 years in state prison or 2.5 years in the house of corrections for a first offense and up to 10 years in state prison for a second or subsequent offense. (c. 265 s. 13F)
  • Causing Substantial Bodily Injury to a Person under 14 – If the A&B causes substantial bodily injury to a person under 14 it is a felony punishable by up to 15 years in state prison or 2.5 years in the house of correction.  This section also criminalizes wantonly or recklessly allowing an A&B against a child in one’s care. (c. 265 s. 13J)
  • Against an Elderly or Disabled Person – If the A&B is committed against an elderly or disabled person it is a felony, the maximum penalty for which is determined by the severity of any injury and whether the defendant was in a position of care or responsibility. This statute also criminalizes wantonly or recklessly allowing an A&B against an elderly or disabled person in one’s care. (c. 265 s. 13K)
  • Against a Family or Household Member – A first offense is a misdemeanor carrying a maximum penalty of 2.5 years in the house of corrections and/or a $5000 fine.  A second or subsequent offense is a felony carrying a maximum penalty of 5 years in state prison or 2.5 years in the house of corrections. A certified batterer’s program is also required unless a judge finds good cause not to require it.  (c. 265 s. 13M)

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