Assault and battery in Massachusetts is the intentional and unjustified use of force upon another person, however slight, or the intentional doing of a wanton or grossly negligent act causing personal injury to another. It comes in two forms- intentional assault and battery or reckless assault and battery. Assault and Battery on an Elderly Person (60+) is the same, but is utilized when the alleged victim is over the age of 60. This can be charged in three different ways. The first charge is referred to as simple, the second is causing bodily injury, and the third is causing serious bodily injury. The injuries sustained by the alleged victim will inform which level you are charged with.
Assault and Battery on an Elderly Person (+60)
When an alteration involving physical contact occurs between individuals, it is essential to understand the legal framework surrounding the offense of Assault and Battery on an Elderly Person. In Massachusetts, criminal charges are taken seriously, with the law providing clear guidelines on the elements that constitute this offense. A skillful assault and battery lawyer in Massachusetts can help you navigate the legal process involved with an assault and battery on an elderly person charge.
Type 1: Simple Assault and Battery on an Elderly Person
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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
- Touched the other person;
- Intended to touch the other person; and
- The touching was either
– Likely to cause bodily harm or
– Was offensive - The alleged victim was over 60 years old at the time of the event
Type 2: Bodily Injury
The Commonwealth must satisfier the standard of proof, beyond a reasonable doubt, by demonstrating that the defendant:
- Committed an assault and battery (the elements listed above);
- On an elderly person (60+); and
- 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.”
For a free legal consultation with an assault and battery on an elderly person lawyer serving Massachusetts, call (781) 740-0800
Possible Punishments for Assault and Battery Upon an Elderly Person
The distinction between bodily injury and serious bodily injury can determine the penalty the defendant may face. You need a criminal defense attorney in Massachusetts by your side when you’re facing these charges and their consequences.
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
Assault and Battery 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
Assault and Battery 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
Massachusetts Assault and Battery on an Elderly Person Lawyer Near Me (781) 740-0800
Frequently Asked Questions
What are Aggravating Types of Assault and Battery?
Assault and Battery on an Elderly Person is what’s called an aggravated category of assault and battery. Aggravated Assault and Battery carry more severe penalties and are meant to provide extra-statutory protection to victims. Assault and Battery on an Elderly Person or on a Disabled Person carries stricter sentences because of the inherent vulnerabilities of the victims. Other aggravated types of Assault and Battery include use of a dangerous weapon, Assault and Battery on a pregnant person, and Assault and Battery on children under 14.
Can I be Charged with Assault and Battery 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 Assault and Battery I Could Be Charged With?
The type of Assault and Battery on an Elderly Person that you can be charged with will likely depend on the severity of the injuries sustained by the elderly person.
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Let Nate Amendola Defense Help You
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 complexities of this charge and will work diligently to build a solid defense strategy tailored to your specific case. Contact us today or submit an online form to discuss your case and ensure your rights are protected.
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