Assault and Battery Defense Lawyer

An assault and battery charge in Massachusetts can stem from a bar fight, a heated argument at home, or even a misunderstanding in public. However it begins, the result is the same: you are facing a criminal allegation that can impact your freedom, your record, and your reputation.

The law treats these cases seriously, but not every accusation tells the whole story. Disagreements are often misinterpreted, injuries exaggerated, and in some situations, people are charged unfairly. That is why having the right defense lawyer matters from the very beginning.

Attorney Anthony R. Riccio knows how prosecutors handle these cases because he used to build them himself. As a Massachusetts assault and battery defense lawyer, he uses his trial experience to question the evidence, challenge the allegations, and protect clients in Boston, Quincy, and Attleboro.

Contact Riccio Law today for a confidential consultation. Attorney Riccio personally reviews every case and is available 24/7.

Understanding Assault & Battery in Massachusetts

Massachusetts law treats assault and assault and battery as separate but related charges. Unlike many states, the definitions come from case law, not statutes, which often leaves people confused about what they are actually accused of.

  • Assault means attempting or threatening to use force against someone, even if no contact occurs.
  • Assault and battery means making unwanted or harmful physical contact, whether minor or severe.

A single incident can result in both charges being filed against the individual. For example, raising a fist in anger may be treated as assault, while making contact can lead to assault and battery. Prosecutors often file both to strengthen their case.

Because of these overlapping definitions, people often feel blindsided when charged with assault and battery. Understanding exactly what the Commonwealth must prove is the first step toward building a strong defense.

Penalties and Collateral Consequences

The penalties for assault and battery in Massachusetts depend on the circumstances of the case. A standard conviction may result in up to 2.5 years in jail and fines of up to $1,000. When certain factors are involved, penalties increase sharply.

Aggravating Factors

Sentences may be more severe if the alleged victim is:

  • Under 14 or over 60 years old
  • Pregnant or disabled
  • A family or household member
  • A law enforcement officer

Beyond Jail and Fines

An assault and battery conviction can also affect:

  • Employment opportunities and background checks
  • Immigration status for non-citizens
  • Housing applications
  • Restraining orders and probation terms

Sample Penalty Ranges

Charge Possible Penalties Notes
Simple Assault & Battery Up to 2.5 years in jail Fines up to $1,000
With Aggravating Factor Longer sentences possible Based on victim’s status
Domestic Assault & Battery Jail + probation terms Often tied to restraining orders

Bottom line: Penalties are severe, but every case depends on the facts and evidence. Working with a knowledgeable Massachusetts assault and battery defense lawyer is often the key to limiting long-term consequences.

Defenses Against Assault and Battery Charges

Defenses Against Assault and Battery Charges

No two assault and battery cases are the same. Some turn on witness credibility, others on whether force was justified, and many on how the police described the event.

Common defenses include:

  • Self-Defense – Force may be lawful if used to protect yourself, as long as it was proportionate to the threat. Under Massachusetts’ “Castle Doctrine,” there’s no duty to retreat inside your home.
  • Defense of Others Reasonable force can be used to protect another person from immediate harm, a defense often raised in family disputes or public altercations.
  • Lack of Intent or Accident – If physical contact was unintentional or not meant to cause harm, the Commonwealth may not meet its burden of proof.
  • Credibility Challenges – Inconsistencies in witness accounts, conflicting police reports, or unreliable testimony can raise reasonable doubt at trial.

These defenses highlight why evidence matters. An experienced Massachusetts criminal defense lawyer can expose weaknesses in the Commonwealth’s case and fight to protect your record and reputation.

How Assault and Battery Charges Are Resolved in Massachusetts

The law imposes harsh penalties, but in practice, outcomes often depend on the specific facts, evidence, and approach taken in court.

Some cases are dismissed when witnesses don’t cooperate, when evidence is weak, or when motions to suppress are successful.

Others may be resolved through a Continuance Without a Finding (CWOF). This allows a case to be dismissed after probation if conditions are met.

In certain situations, judges may allow pre-trial probation or diversion programs, especially for first-time offenders.

Cases that do not resolve early may move toward plea agreements to lesser offenses or go to trial, where prosecutors must prove guilt beyond a reasonable doubt.

An experienced assault and battery lawyer in Massachusetts can evaluate the strengths of the case, identify weaknesses in the Commonwealth’s evidence, and pursue outcomes that reduce or even avoid long-term consequences.

Assault and Battery Charges

The Riccio Law Advantage in Assault & Battery Cases

Clients facing assault and battery charges look for more than promises; they need proven strengths they can rely on.

At Riccio Law, those strengths include:

  • Former Prosecutor Insight – Experience from the other side of the courtroom, now used to anticipate and counter the Commonwealth’s strategies.
  • Trial-Tested Record – More than 60 jury and bench trials, including cases involving violent offenses.
  • Recognized in 2025 – Named to the Super Lawyers Rising Stars list for consecutive years.
  • Local Courtroom Knowledge – Regularly defending cases in Boston, Quincy, Attleboro, and surrounding communities.
  • Focused Caseload – Each case receives personal attention and thorough preparation, never treated as “just another file.”

Each case is different, but preparation and experience remain the foundation of effective defense. With Riccio Law, clients know their assault and battery case is handled with the focus it deserves.

Frequently Asked Questions

What’s the difference between assault and assault and battery in Massachusetts?

Assault is the threat or attempt to use force without contact. Assault and battery involves physical contact, even minor. Both are serious criminal charges under Massachusetts law and can lead to long-term consequences.

Can I be charged if no one was actually injured?

Yes. In Massachusetts, a simple attempt or threat can be charged as assault, and unwanted physical contact may be enough for assault and battery, even if no visible injury occurred.

How does self-defense work in assault and battery cases?

Self-defense is recognized if the force used was reasonable and proportionate to the threat. Massachusetts law also allows defense of others, but the facts must support the belief that imminent harm is likely to occur.

Will an assault and battery conviction stay on my record?

Yes. A conviction creates a criminal record that appears on CORI checks. Some cases may be dismissed, sealed, or avoided through CWOF; however, the outcome depends on the charge and the resolution in court.

Why should I hire an assault and battery lawyer in Massachusetts?

An experienced lawyer can review evidence, challenge weak testimony, and explore options like dismissal or probation. The proper defense increases the chance of limiting penalties and protecting your record and future.

The Next Step in Your Case

Assault and battery charges move quickly in Massachusetts courts. The decisions made early can shape the entire outcome. Having a defense built on preparation and experience is critical.

At Riccio Law, Attorney Anthony R. Riccio personally handles each case from start to finish. Clients receive direct communication, careful case review, and strategies focused on protecting freedom, reputation, and future.

Contact Riccio Law today to schedule a confidential consultation with Attorney Riccio.

Disclaimer

The outcome of any case depends on its unique facts. Past results do not guarantee future outcomes. This content is for informational purposes only and does not create an attorney-client relationship.