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Assault & Battery and ABDW

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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.

Recent Results

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.

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Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

Practice Areas

  • Murder
  • Assault & Battery and ABDW
  • Armed Robbery
  • Rape
  • Domestic A&B
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