Not too long ago, if an argument between two individuals escalated to a physical confrontation (without weapons or dirty fighting) responding police officers would simply break up the fight, scold or warn the combatants, and send them on their way. The situation was managed short of an arrest or criminal charges. After all, there was no need to create a lot of legal nonsense over a dust-up.
Today, it is common practice for police officers to arrest both parties for assault and battery. This is the new reality. Because police officers exercise almost no discretion, decent and, otherwise, law abiding individuals are prosecuted in court, often treated like common criminals. The young prosecutors assigned to these cases are mostly unable to distinguish between those individuals who should be prosecuted from those who, obviously, do not. We can help.
The Cambridge assault and battery defense lawyers at Mahoney Criminal Defense Group have been successfully defending those accused of assault and battery in the courts of eastern and central Massachusetts, including those of Cambridge, Woburn, and Waltham, for more than 20 years. Attorney Kevin J. Mahoney is, arguably, the most well prepared and successful criminal defense lawyer practicing in Massachusetts. In the vast majority of cases, we are able to persuade the judge to dismiss the charges. In fact, we have obtained dismissals for hundreds of clients charged with A&B.
Contact a Cambridge Assault & Battery Lawyer
If you wish to contact us to arrange a free in-office consultation, kindly call us at 617-492-0055.
Assault & Battery
A&B is defined as the intentional touching of another without right or justification. The touching, however, must be either likely to cause bodily harm or was committed without the consent of the victim. The Commonwealth must prove that touching was done deliberately and was not merely an accident or the result of negligence.
Reckless or “Unintentional” Assault & Battery
If an individual behaved so recklessly that he knew, or should have known, that there was a substantial likelihood that he would case harm to someone, and did harm someone, he may be charged with A&B – even if he did not intend to assault the victim. However, to qualify as “reckless” assault and battery, the victim must have suffered an injury sufficiently serious to interfere with the victim’s health or comfort.
Assault & Battery With a Dangerous Weapon
To prove that an individual committed an Assault & Battery with a Dangerous Weapon, the Commonwealth must prove that the defendant deliberately touched the victim, however slightly, with having the right or any justification for doing so, with a dangerous weapon. A “dangerous weapon” is any item capable of causing serious injury. According to Massachusetts appellate courts lighted cigarettes, pencils, pens, furniture, doors, concrete floors, a shod foot (i.e., a sneaker, shoe, boot, etc.), knives, glass, and aerosol qualify as dangerous weapons.
Defenses to Assault & Battery
You may have been charged unjustly with assault and battery. If you were protecting yourself (self defense), protecting another person or persons (defense of others), or preventing the commission of a crime, you were not breaking the law in doing so. If you think you have been wrongfully charged with assault and battery, call us to set up a free in-office consultation.
Commonwealth v. J.C., Haverhill District Court
A&B – Dismissed, $500 court costs
ABDW – Dismissed
Client was accused of entering home of former boyfriend in the middle of the night and biting him on the arm, removing piece of skin one inch in diameter.
Contact a Massachusetts Criminal Defense Attorney
Call Cambridge Criminal Defense Lawyer Kevin J. Mahoney at 617-492-0055 to schedule a free in-office consultation.