At Nate Amendola Defense, our Barnstable assault and battery lawyer provides holistic, results-driven legal representation to clients. An arrest is stressful, confusing, and intimidating. We understand that tensions can run high in dating relationships, marriages, families, friendships and workplaces, resulting in physical altercations and sometimes assault and battery charges.
Being convicted of assault and battery can cause irreparable harm for years to come. If you or your loved one was arrested and charged with assault and battery in Barnstable, we are here as a legal resource and support team. We encourage you to contact a Barnstable criminal defense lawyer, immediately; by retaining legal counsel, you protect your rights, future, and freedom.
Assault and Battery
Even if you have been falsely accused of domestic violence in which the alleged victim claims they were assaulted, don’t assume that false allegations will simply disappear. It is crucial that you understand the allegations that you are facing. Knowing the difference between assault and battery is essential to navigating the legal process and raising a strong defense. Although the terms are often used together, they represent separate offenses with unique definitions:
- Assault: Assault refers to the act of threatening or attempting to cause physical harm to another person. Commonwealth law holds that assault can also encompass conduct that instills a reasonable fear of harm in the victim. To be clear, physical contact is not necessary for an assault charge to be brought forward.
- Battery: Battery requires actual physical contact that results in harm. The harm caused by battery can range from minor to severe. Indeed, a physical injury is necessary for a battery charge in Barnstable. That being said, a severe physical injury suffered by a victim could result in heightened criminal charges against the defendant.
The Bottom Line: Assault and assault and battery are distinct criminal charges in Barnstable. While assault can be charged without any allegations of physical contact, assault and battery can only be charged with allegations of deliberate physical touching of the victim.
For a free legal consultation with an assault and battery lawyer serving Barnstable, call (781) 740-0800
An Overview of the Different Types of Assault and Battery Charges
Standing head and shoulders above the average criminal defense firm in Massachusetts, Nate Amendola Defense handles the full spectrum of assault and battery charges in Barnstable County. Regardless of the severity of the allegations, we are ready to step up and protect you. Whether the circumstances of the charges against you involves domestic violence due to a breakup, or a misunderstanding among friends at the local bar–we support our clients with unwavering compassion and empathy.
Types of assault and battery charges that can be filed include:
- Simple Assault
- Assault by Dangerous Weapon
- Assault and Battery
- Aggravated Assault and Battery
- Assault and Battery by Dangerous Weapon
- Assault and Battery on a Family or Household Member
- Assault and Battery on a Child Under 14 Causing Bodily Injury
- Assault and Battery on a Pregnant Woman
- Assault and Battery on an Elderly or Disabled Person
- Assault and Battery on a Police Officer
- Assault with Intent to Murder
- Assault with Intent to Kill
Barnstable Assault and Battery Lawyer Near Me (781) 740-0800
Clerk Magistrate Hearings for Assault and Battery Cases in Barnstable
A clerk magistrate hearing in Barnstable, MA allows a complainant to present evidence of assault and battery to determine whether probable cause exists to issue criminal charges against the accused party, though not all assault and battery cases may be eligible for this type of hearing. During this hearing, the clerk magistrate will review testimony, police reports, and any physical evidence to establish whether there is sufficient probable cause to believe an assault and battery offense occurred. If probable cause is found, the clerk magistrate will authorize the issuance of a criminal complaint, which can then proceed through the Barnstable District Court system.
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Common Defenses to Assault and Battery Charges
Being charged with assault and battery in Barnstable does not equate to a conviction. Do not give up. In the state of Massachusetts, everyone accused of a crime is considered innocent until proven guilty. You are well within your rights to vigorously and assertively defend yourself against false or unfounded criminal allegations, including an assault and battery charge. Various defenses may be applicable in these situations:
- Self-Defense: The most prevalent defense in assault and battery cases, an individual may be absolved of criminal responsibility if they can demonstrate they acted in self-defense. In Massachusetts, self-defense is an affirmative defense that requires proving that you took appropriate action based on your reasonable belief that you were in imminent danger.
- Defense of Others: Analogous to self-defense, you may be able to defend an assault and battery charge if your actions were aimed at safeguarding another person. Once again, this is an affirmative defense and you must prove that you acted appropriately and that you reasonably believed another person faced imminent risk of serious harm.
- Consent: In certain situations, if the supposed victim agreed to the conduct leading to the assault and battery charge, it may be possible to contend that no crime was committed at all. Two people agreeing to wrestle each other generally is not assault and battery in Massachusetts. The contact is consensual.
- Mistake in Identity: If evidence indicates that you were not the perpetrator of the assault and battery, you could raise a mistaken identity defense. Most often, this assault and battery defense is used in cases where there is a chaotic scene, such as a fight outside of a bar.
- Insufficient Evidence: The onus of proof lies with the prosecution. They have the burden of presenting evidence that proves that you are guilty of the charges. If they cannot provide adequate evidence to establish all components of the crime, the case should be dismissed.
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The Penalties for Assault and Battery Conviction in Barnstable
Assault and battery charges should never be taken lightly in Barnstable. Pursuant to Massachusetts law, the potential consequences of a domestic assault charge or assault and battery conviction vary based on a number of different case-specific factors, including the defendant’s criminal history (or lack thereof), the extent of the victim’s injuries, and the presence of any aggravating factors.
Still, all assault and battery charges are serious in the Commonwealth. Under Massachusetts law (MGL c. 265 s. 13A), “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.” Any assault and battery offense could result in 24 months in county jail.
The maximum possible criminal penalties will be more severe in certain circumstances. For example, assault and battery causing serious bodily injury could carry up to five years in state prison. Assault and battery with a dangerous weapon is an even more serious felony criminal charge that could carry a maximum sentence of ten years in state prison.
Frequently Asked Questions (FAQs)
Should I Provide a Statement to Police After Being Arrested for Assault and Battery?
No. After an arrest, it is generally not advisable to provide any statement to law enforcement unless you have an experienced Barnstable assault and battery lawyer by your side. The Fifth Amendment provides you with an unambiguous right to remain silent. Anything you say can be used against you in court. Exercise your right to remain silent and request legal representation. A lawyer who knows assault and battery charges will ensure your rights are protected throughout the whole process.
Do I Really Need an Attorney for a Misdemeanor Assault and Battery Charge?
Yes. Assault and battery is a very serious criminal offense in Massachusetts—even if it is a misdemeanor charge. Even a misdemeanor assault and battery charge could carry up to 2.5 years in county jail. Hiring a Barnstable assault and battery attorney for an assault and battery charge is highly recommended. They can evaluate your case, develop a strong defense strategy, and take action to make sure that your rights and your interests are protected each and every step of the way.
Can a Simple Assault and Battery Charge Result in Jail Time in Barnstable?
Yes, a simple assault and battery charge can result in jail time in Barnstable. The specific penalties vary depending on the circumstances of the case and any prior criminal history. Still, a first-time simple assault conviction can lead to a maximum sentence of up to 2.5 years in a house of correction and/or a fine of up to $1,000. While jail time can often be often in simple assault and battery cases, it is crucial that you know the risks that come with a conviction.
How Do I Know If I Should Accept a Plea Agreement in an Assault and Battery Case?
Deciding whether or not to accept a plea agreement in an assault and battery case depends on several factors. You will need to assess the strength of the evidence against you, the potential consequences of going to trial, and the terms of the plea agreement. Do not go it alone. An experienced assault and battery attorney in Barnstable can help you negotiate the most favorable plea agreement if that is the right approach for your case.
How a Barnstable Assault and Battery Attorney Can Help
Do not let an assault and battery jeopardize everything that you worked so hard to build. Our founding attorney Nate Amendola is standing by, ready to handle your case with honesty, integrity, personal attention, and the highest level of professional skills. We are different from other criminal defense firms in Massachusetts. We take a truly holistic approach to set our clients up for a better tomorrow. Among other things, our Barnstable assault and battery attorney is ready to:
- Conduct a strictly confidential review and evaluation of your case;
- Answer your questions and explain your legal rights/legal options;
- Investigate the assault & battery charges, gathering all relevant evidence and information;
- Handle any negotiations with police or prosecutors; and
- Develop a strategy that is narrowly tailored to your assault and battery case.
Contact Our Barnstable Assault and Battery Lawyer Today
At Nate Amendola Defense, our Barnstable assault and battery attorney is a formidable, relentless advocate for clients. Arrested and charged with any type of assault offense? Contact us now for a free and fully confidential case evaluation. We defend assault and battery charges throughout all of Barnstable County, including in Barnstable.
Call or text (781) 740-0800 or complete a Free Case Evaluation form
