Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.
The Massachusetts Legislature defines Assault and battery under Massachusetts General Law Chapter 265, § 13A as follows:
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.
The model jury instructions requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:
First: that the defendant committed a touching, however slight;
Second: that the defendant intended to engage in the touching;
Third: that the touching was harmful or offensive; and
Fourth: that it was committed without justification or excuse.
First, the Commonwealth must prove beyond a reasonable doubt that the defendant engaged in a touching, however slight.
The second element the Commonwealth must prove beyond a reasonable doubt is that the defendant intended to commit the touching. You the jury may or may not infer the defendant’s intent by considering all the facts and circumstances, as well as evidence of defendant’s conduct, offered during the trial.
The third element the Commonwealth must prove beyond a reasonable doubt is that the touching was harmful or offensive. A harmful touching is a touching which is physically or potentially Physically harmful. An offensive touching is an affront to a person’s integrity.
Fourth, the Commonwealth must prove beyond a reasonable doubt that the battery was committed without justification or excuse. An example of justification is a physical examination by a doctor. An example of excuse is a situation where a person sees another in danger, reaches out, and while removing the other person from an oncoming vehicle, touches that person’s breast. In this case, the Commonwealth must prove the absence of justification or excuse beyond a reasonable doubt.
If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.