Assault & Battery

Assault & battery defense

Assault and battery charges often arise from disputed, fast-moving situations. What the police first hear is rarely the whole story.

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What's at stake

In Massachusetts, assault and battery covers a harmful or offensive touching (battery) and the threat or attempt of one (assault). Simple assault and battery is a misdemeanor, but the exposure rises quickly when the Commonwealth alleges serious injury, a dangerous weapon, or a protected victim.

Assault and battery with a dangerous weapon is a felony with significant potential prison time. A conviction of any kind can affect employment, housing, and — for non-citizens — immigration status. Self-defense, defense of another, and mistaken or exaggerated allegations are all common and legitimate defenses.

How it works

How we defend assault & battery

These cases are won by pulling apart the Commonwealth's narrative and putting the full context back in.

  1. 01

    Step 1

    Reconstruct what happened

    We gather the police report, witness statements, 911 audio, and any video, and identify inconsistencies in the accuser's account.

  2. 02

    Step 2

    Develop the defense

    We evaluate self-defense, defense of others, consent, and lack of intent — and whether the alleged injury and weapon claims hold up.

    • Was this reasonable self-defense or defense of another?
    • Are the injuries consistent with the accuser's story?
    • Is the witness credible, or is there a motive to exaggerate?
  3. 03

    Step 3

    File pretrial motions

    Where statements or identifications were improperly obtained, we move to exclude them.

  4. 04

    Step 4

    Negotiate or try the case

    We seek dismissal, diversion, or reduced charges — and try the case to a judge or jury when that's the strongest path.

Assault & battery questions

The other person started it — is that a defense?
It can be. Massachusetts recognizes self-defense and defense of another. If you used reasonable force to protect yourself or someone else, that is a complete defense the Commonwealth must disprove.
The alleged victim doesn't want to press charges. Will the case go away?
Not automatically. In Massachusetts the prosecutor — not the complaining witness — decides whether to pursue the case, and can proceed even over the witness's objection. That said, a reluctant witness can significantly affect how the case resolves.
What makes assault & battery a felony?
Allegations such as use of a dangerous weapon, serious bodily injury, or a protected category of victim can elevate the charge to a felony with far greater penalties. The specific charge drives the defense.

Accused of assault or battery?

Don't give a statement before you've spoken with a lawyer. Call for a free, confidential consultation.

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