Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.
The Massachusetts Legislature defines assault and battery under Massachusetts General Law Chapter 265 §13A as follows:
Section 13M. (a) Whoever commits an assault or assault and battery on a family or household member shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $5,000, or both such fine and imprisonment.
(b) Whoever is convicted of a second or subsequent offense of assault or assault and battery on a family or household member shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by imprisonment in the state prison for not more than 5 years.
(c) For the purposes of this section, ”family or household member” shall mean persons who (i) are or were married to one another, (ii) have a child in common regardless of whether they have ever married or lived together or (iii) are or have been in a substantive dating or engagement relationship; provided, that the trier of fact shall determine whether a relationship is substantive by considering the following factors: the length of time of the relationship; the type of relationship; the frequency of interaction between the parties; whether the relationship was terminated by either person; and the length of time elapsed since the termination of the relationship.
(d) For any violation of this section, or as a condition of a continuance without a finding, the court shall order the defendant to complete a certified batterer’s intervention program unless, upon good cause shown, the court issues specific written findings describing the reasons that batterer’s intervention should not be ordered or unless the batterer’s intervention program determines that the defendant is not suitable for intervention.
The model jury instructions for use in the District Court requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:
First: That the defendant touched the person of [the alleged victim] ;
Second: That the defendant intended to touch [the alleged victim] ; and
Third: That the touching was either likely to cause bodily harm to [the alleged victim] , or was offensive.
To prove the first element, the Commonwealth must prove the defendant touched [the alleged victim] . A touching is any physical contact, however slight. If the touching was indirect. A touching may be direct as when a person strikes another, or it may be indirect as when a person sets in motion some force or instrumentality that strikes another.
To prove the second element, the Commonwealth must prove that the defendant intended to touch [the alleged victim] , in the sense that the defendant consciously and deliberately intended the touching to occur, and that the touching was not merely accidental or negligent.
To prove the third element, the Commonwealth must prove that the touching was either likely to cause bodily harm to [the alleged victim] , or was offensive. A touching is offensive when it is without consent.
If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.