Massachusetts Assault and Battery Laws

Each state usually has its own definition of assault and battery. Generally, however, assault involves threats or attempts to physically hurt someone while battery involves actual contact with the person. In Massachusetts, there are multiple statutes that address assault and battery, which are based on a variety of circumstances that surround the offense. For example, there is a specific statute that addresses assault and battery to collect a loan. Violation of this statute is punishable by three to five years in state prison or up to two-and-a-half years in jail for a first offense, and five to ten years in state prison for any subsequent offenses.

Assault Versus Assault and Battery

It's first important to understand that Massachusetts' laws distinguish between "assault" and "assault and battery." According to the Massachusetts Criminal Model Jury Instruction 6.120 [PDF] and Instruction 6.140 [PDF], these terms are defined as follows:

• Assault: attempting to use physical force against someone or showing an intention to use immediate force against someone.
• Assault and Battery: deliberately making contact with someone without consent or in a way that's likely to cause physical harm.

An Overview of Massachusetts Assault and Battery Laws

When you have a question about the law, it's important to read the actual statute. But oftentimes, you'll find that statutes are written in legal jargon, which can take more time to understand than you want to spend. For this reason, it can be beneficial to also read a summary of the statute that isn't written in "legalese." Below you'll find an overview of key provisions of assault and battery laws in Michigan as well as links to relevant statutes.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Massachusetts Assault and Battery Laws: Related Resources

You can find additional information and resources related to this topic by clicking on the links provided below.

• Massachusetts Criminal Laws
• Massachusetts Criminal Statute of Limitations
• Crimes Against the Person
• Criminal Law Basics

Questions About Massachusetts Assault and Battery Laws? Ask a Lawyer

As you can see, the penalties for an assault and battery vary greatly depending on which statute you're charged with violating. If you've been arrested for assault or assault and battery in Massachusetts, it's in your best interest to reach out to an experienced criminal defense attorney to determine which laws apply and how you can challenge any evidence against you.