A&B on an Elderly Person (+60) in Massachusetts

Similar to the elements of regular assault and battery, the Commonwealth must prove that the accused did the following to a person who is above the age of 60:

1. Touched the other person;
2. Intended to touch the other person; and
3. The touching was either
   – Likely to cause bodily harm or
   – Was offensive
4. The alleged victim was over 60 years old at the time of the event

The Commonwealth must satisfier the standard of proof, beyond a reasonable doubt, by demonstrating that the defendant:

1. Committed an A&B (the elements listed above);
2. On an elderly person (60+); and
3. Caused bodily injury or serious bodily injury

Bodily injury according to §13K is “substantial impairment of the physical condition, including, but not limited to, any burn, fracture of any bone, subdural hematoma, injury to any internal organ, or any injury which occurs as the result of repeated harm to any bodily function or organ, including human skin.”
Serious bodily injury according to §13K is “bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.”

The distinction between bodily injury and serious bodily injury can determine the penalty the defendant may face.

Simple Assault and Battery (60+)

State Prison: Not more than 3 years (36 months) or
House of Corrections: Not more than 2.5 years (30 months); AND/OR
Fine: Not more than $5,000

A&B with Bodily Injury (60+)

State Prison: Not more than 5 years (60 months) or
House of Corrections: Not more than 2.5 years (30 months); AND/OR
Fine: Not more than $1,000

A&B with Serious Bodily Injury (60+)

State Prison: Not more than 10 years or
House of Corrections: Not more than 2.5 years (30 months); AND/OR
Fine: Not more than $10,000

What are Aggravating Types of Assault and Battery?

A&B on an Elderly Person is what’s called an aggravated category of assault and battery. Aggravated A&Bs carry more severe penalties and are meant to provide extra-statutory protection to victims. A&B on an Elderly Person or on a Disabled Person carries stricter sentences because of the inherent vulnerabilities of the victims. Other aggravated types of A&B include use of a dangerous weapon, A&B on a pregnant person, and A&B on children under 14.

Can I be Charged with A&B on an Elderly Person Even If I Wasn’t The One Who Harmed Them?

Yes. If you were the individual tasked with taking care of the elderly person and you permitted some injury or harm to come to them, you can be charged with the crime. This can be the case if you allowed someone else to harm them, intentionally or recklessly. A “caretaker” under the statute would be anyone with the responsibility to physically care for the elderly person due to a family relationship, contractual duty, or voluntary duty.

How Do I Know What Type of A&B I Could Be Charged With?

The type of A&B on an Elderly Person that you can be charged with will likely depend on the severity of the injuries sustained by the elderly person.

• Assault and Battery
• Assault and Battery with a Dangerous Weapon
• Domestic Violence

Facing charges of assault and battery on an elderly person can be distressing and overwhelming. At Nate Amendola Defense, we are committed to helping our clients navigate through the challenging situation. Our experienced attorneys understand the compexities of this charge and will work diligently to build a solid defense strategy tailored to your specific case. Contact us today, online or at 781-650-6785 to discuss your case and ensure your rights are protected.