Assault & Battery Defense
in Massachusetts
Assault and battery charges can mean jail time, a criminal record, firearms surrender, and lasting damage to your reputation and relationships. Attorney Adela Aprodu provides the aggressive, knowledgeable defense you need.
Assault and Battery Under Massachusetts Law
Massachusetts General Laws Chapter 265 §13A defines assault and battery as two distinct but related offenses. Assault creates a reasonable apprehension of immediate physical harm without requiring physical contact. Battery is the intentional, unjustified harmful or offensive touching of another person.
In the domestic context, A&B charges are filed against people accused of physical altercations with household members, current or former partners, or family members. Massachusetts has a mandatory arrest policy — police must arrest when they have probable cause that domestic violence occurred, even if both parties claim nothing happened.
- Simple A&B (MGL c. 265 §13A) — misdemeanor; up to 2.5 yrs HOC and $1,000 fine
- Aggravated A&B (MGL c. 265 §13A(b)) — felony; up to 5 yrs state prison
- A&B on a household member — same charges with additional domestic violence consequences
- A&B with a dangerous weapon (MGL c. 265 §15A) — felony; up to 5 yrs state prison
Types of Assault and Battery Charges in Massachusetts
- Simple assault — threatening or attempting to cause harm without contact; misdemeanor
- Simple battery — minor harmful or offensive contact; misdemeanor
- Aggravated A&B — involves serious injury, dangerous weapon, or protected class victim; felony
- Domestic A&B — against household/family member; triggers mandatory arrest and firearms surrender
- A&B on a public employee — police, EMT, teacher; felony with enhanced penalties
- A&B with a dangerous weapon — any object used to cause injury; felony up to 5 yrs
Defense Strategies for Assault and Battery Charges
- Self-defense / defense of others — you had reasonable fear of imminent harm and used proportionate force
- Accidental contact — the contact was unintentional and lacks the required criminal intent
- Consent — in limited circumstances, the alleged victim consented to the contact
- False accusation — identifying motive (divorce, custody), inconsistencies in the story, prior recantations
- Insufficient evidence — challenging whether the prosecution can prove every element beyond a reasonable doubt
- Mutual combat — showing the alleged victim was the initial aggressor, affecting culpability
- Fourth Amendment violations — suppressing illegally obtained evidence or unlawful arrest
Key Takeaways
- Massachusetts police must arrest on domestic A&B probable cause — regardless of victim cooperation
- Even a first-offense simple A&B can result in jail time, probation, and a permanent criminal record
- A&B conviction triggers mandatory firearms surrender under state and federal law
- Self-defense is a complete defense — early investigation is critical to preserve evidence
- Attorney Aprodu has successfully defended A&B charges from arraignment through acquittal and dismissal
Frequently Asked Questions
Assault is threatening or attempting to cause harm — creating a reasonable apprehension of imminent harm — without actual contact. Battery is intentional, unjustified harmful or offensive touching. Both are charged together under MGL c. 265 §13A in most cases.
Simple A&B is a misdemeanor with up to 2.5 years in the House of Correction and fines up to $1,000. Domestic A&B also results in mandatory firearms surrender and can include restraining order conditions imposed at bail.
A&B is aggravated when it involves: a dangerous weapon, serious bodily injury, targeting a protected class (child, elderly, pregnant victim, public employee), or a second/subsequent conviction. Aggravated A&B is a felony with up to 5 years in state prison.
Yes. Self-defense is a complete defense. You must show you reasonably believed you faced imminent physical harm and used only the force necessary to protect yourself. Attorney Aprodu evaluates all available evidence — body camera footage, medical records, prior incident history — to build this defense.
Domestic A&B involves assault or battery against a household member, family member, or current/former intimate partner. It triggers mandatory arrest, mandatory firearms surrender, no-contact bail conditions, and carries the same criminal penalties as regular A&B plus additional collateral consequences in custody and family court matters.
Dismissal is possible when evidence is insufficient, witnesses are unreliable or recanting, contact was accidental or consensual, or constitutional violations tainted the investigation. Attorney Aprodu files motions to suppress, challenges witness credibility, and negotiates with prosecutors for dismissal or a continuance without finding (CWOF).
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Don't face assault and battery charges alone. Attorney Adela Aprodu is ready to fight for you.