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Assault and Battery

If you’ve been charged with domestic assault and battery, assault and battery, assault or assault and battery with a dangerous weapon, it is important that you speak to a qualified Massachusetts attorney. Attorney Sam Zaganjori is an experienced Woburn assault and battery attorney that has represented many clients charged with violent offenses including assault and battery, assault, armed assault with intent to murder and murder.

Massachusetts Assault and Battery Law

Massachusetts has a complex set of laws governing alleged violent crimes:

Assault and battery under Chapter 265, section 13A is a misdemeanor that is usually prosecuted in the District Court. An assault and battery is the intentional, unprivileged, unjustified touching of another without that person’s consent or with such violence that bodily harm is likely to result. It can involve acts of violence including a punch or a kick. Assault and battery can also apply to less severe acts like pushing or putting hands on someone without his or her consent. Assault and battery does not require the victim to suffer any physical injury. Assault and battery is punishable by up to 2.5 years in the House of Correction.

Assault is also a misdemeanor laid out in Chapter 265, section 13A. Assault can occur in two different ways: (1) an attempted battery or (2) an imminently threatened battery. An example of an attempted battery would be throwing a punch but missing the intended target. An example of an imminently threatened battery is causing someone to fear that they will be attacked by cocking one’s fist with the intent to scare the person. Assault also carries a potential sentence of 2.5 years.

Assault with a dangerous weapon and assault and battery with a dangerous weapon involve the use of a dangerous weapon. These offenses are both felonies and carry the potential for stiffer penalties, including a sentence to the state prison. A dangerous weapon includes obvious items like a gun, a knife or a bat. However, it is important to understand that other items can be considered dangerous weapons if they are used in a manner that makes them capable of inflicting serious bodily harm.

There are also many enhanced forms of assault and battery, including assault and battery causing substantial bodily injury, assault and battery causing bodily injury, strangulation, armed assault with intent to murder and attempted murder.

Massachusetts Domestic Violence Law

Massachusetts has laws specifically aimed at acts of domestic violence. Chapter 265, section 13M criminalizes assault and battery against a family member or household member. This statute typically includes a boyfriend or girlfriend of the accused person. This offense carries a potential jail sentence and, for those put on probation, very often involves the completion of a certified batterers’ intervention program.

Winning Your Assault and Battery Case

Attorney Zaganjori has successfully defended clients accused of assault and battery in multiple courts, including Woburn District Court, Lowell District Court and Cambridge District Court. Whenever possible, he will seek to have the case dismissed prior to trial. When that it is not possible, he is ready and willing to mount an aggressive defense at trial.

Every assault and battery case is different and there are many ways to defend an assault and battery case. The process of building a defense begins immediately. Attorney Zaganjori will take a hard look at the person making the accusation and develop evidence to undermine that person’s credibility. This often involves a search of that person’s criminal record and other aspects of his or her background. If there is a history of false accusations or other dishonesty, Attorney Zaganjori will do everything possible to locate that evidence and use it at trial.

Self-defense is a common trial strategy in many assault and battery cases. In Massachusetts, a person is allowed to use force to defend himself if he reasonably believes that his safety is in immediate danger. The force must be reasonable and the person must do everything possible to avoid using physical force.

Contact a Woburn Assault and Battery Attorney

If you have been charged with assault and battery or a similar offense, it is important to contact a qualified attorney. Call Attorney Sam Zaganjori at 781-897-2848.