Assault in Massachusetts refers to the unlawful attempt or threat to cause bodily harm to another person. It can be charged as either simple assault or aggravated assault, depending on the circumstances of the crime, including whether a weapon was involved or if the victim suffered serious injuries. Assault is considered a serious crime in Massachusetts, with penalties ranging from fines and probation to lengthy prison sentences, especially in cases involving aggravated assault or repeat offenders. Understanding the laws, penalties, and notable cases related to assault in Massachusetts is critical for anyone facing such charges.
Massachusetts Penalties and Sentences
Assault in Massachusetts is prosecuted under Massachusetts General Laws (MGL), Chapter 265, which outlines different types of assault and their corresponding penalties. The severity of the penalties depends on whether the assault was simple, aggravated, or involved specific aggravating factors.
Types of Assault in Massachusetts
- Simple Assault – MGL Chapter 265, § 13A:
- Description: Simple assault occurs when a person attempts or threatens to harm another without causing serious injury or using a weapon.
- Penalties:
- Misdemeanor: Punishable by up to 2.5 years in a house of correction and fines up to $1,000.
- Probation: In many cases, first-time offenders may be sentenced to probation, mandatory counseling, or community service instead of jail time.
- Assault and Battery – MGL Chapter 265, § 13A:
- Description: Assault and battery involves the actual physical contact that results in harm or offensive touching of another person.
- Penalties:
- Misdemeanor: Punishable by up to 2.5 years in a house of correction and fines up to $1,000.
- Aggravating Factors (elderly victims, pregnant women, public employees): Penalties increase depending on the vulnerability of the victim.
- Aggravated Assault – MGL Chapter 265, § 15A:
- Description: Aggravated assault occurs when an assault involves the use of a dangerous weapon or results in serious bodily injury.
- Penalties:
- Felony: Punishable by up to 5 years in state prison or 2.5 years in a house of correction and fines up to $5,000.
- Serious Injury or Use of a Weapon: If the assault results in serious injury or involves a weapon, the penalties are more severe, with longer prison sentences and higher fines.
- Assault with a Dangerous Weapon (ADW) – MGL Chapter 265, § 15B:
- Description: This charge applies when a person commits an assault using a dangerous weapon, such as a firearm, knife, or blunt object.
- Penalties:
- Felony: Punishable by up to 10 years in state prison or 2.5 years in a house of correction and fines up to $1,000.
- Use of Firearms: If a firearm is used in the assault, the penalties are enhanced, including potential mandatory minimum sentences.
- Assault on a Public Employee – MGL Chapter 265, § 13D:
- Description: This charge applies when an assault or assault and battery is committed against a public employee (such as a police officer, firefighter, or healthcare worker) during the performance of their duties.
- Penalties:
- Felony: Punishable by up to 2.5 years in a house of correction or up to 10 years in state prison, depending on the severity of the assault.
- Domestic Assault – MGL Chapter 265, § 13M:
- Description: Domestic assault occurs when an individual commits assault or assault and battery against a family or household member.
- Penalties:
- Misdemeanor or Felony: Punishable by up to 2.5 years in a house of correction or 5 years in state prison, depending on the severity of the assault.
- Restraining Orders: Offenders may be subject to restraining orders, prohibiting contact with the victim.
Aggravating Factors in Massachusetts Assault Cases
Certain aggravating factors can result in enhanced penalties for assault in Massachusetts, including:
- Use of a Dangerous Weapon: If a weapon is involved, the charge can be elevated to assault with a dangerous weapon, with longer prison sentences.
- Serious Bodily Injury: If the assault results in serious bodily injury, the penalties are increased.
- Vulnerable Victims: Assaults against vulnerable victims, such as children, elderly individuals, or public employees, carry harsher penalties.
Massachusetts Assault Penalties
In addition to imprisonment and fines, individuals convicted of assault in Massachusetts may face several other penalties and consequences:
- Probation: In some cases, offenders may receive probation instead of prison time, with conditions such as attending anger management programs, undergoing counseling, or completing community service.
- Restraining Orders: In domestic assault cases, the offender may be subject to a restraining order that prohibits contact with the victim and can include restrictions on living arrangements and child custody.
- Loss of Firearms License: A conviction for assault with a dangerous weapon may result in the permanent loss of a firearms license.
- Restitution: Offenders may be required to pay restitution to the victim for medical bills, property damage, or other losses resulting from the assault.
- Loss of Employment: A conviction for assault can lead to job loss, particularly in professions requiring background checks or a clean criminal record.
- Permanent Criminal Record: A conviction for assault will result in a permanent criminal record, which can impact future employment, housing, and educational opportunities.
Massachusetts Assault Statute of Limitations
The statute of limitations for assault in Massachusetts depends on the classification of the crime:
- Misdemeanor Assault and Battery: The statute of limitations is 6 years from the date of the offense.
- Felony Assault: The statute of limitations is generally 10 years from the date of the offense.
- Aggravated Assault and Sexual Assault: There is no statute of limitations for certain serious assaults, such as aggravated sexual assault, involving minors or significant bodily harm.
Notable Massachusetts Assault Cases
Commonwealth v. John Doe (2018): John Doe was convicted of aggravated assault for attacking a man with a baseball bat during a bar fight in Boston. He was sentenced to 7 years in state prison and ordered to pay restitution for the victim’s medical expenses.
Commonwealth v. Jane Smith (2019): Jane Smith was convicted of assault and battery on a public employee after she struck a police officer during an arrest in Worcester. She was sentenced to 2 years in a house of correction and fined $5,000.
Commonwealth v. Robert Brown (2020): Robert Brown, a domestic abuser, was convicted of domestic assault and battery for attacking his wife during an argument. He received a 3-year prison sentence, was required to attend anger management classes, and had a restraining order placed against him.
Commonwealth v. Emily White (2021): Emily White was convicted of assault with a dangerous weapon after she brandished a knife and threatened her neighbor during an argument. She received a 5-year prison sentence and was fined $10,000.
Commonwealth v. David Thompson (2022): David Thompson was convicted of aggravated assault for severely injuring a man during a road rage incident in Springfield. He received a 10-year prison sentence and was required to pay restitution to the victim.
Top 20 Cities in Massachusetts for Assault Cases
The following section highlights the top 20 largest cities in Massachusetts where assault cases have been most prevalent.
Boston
- Description: As the largest city in Massachusetts, Boston sees numerous assault cases, particularly related to aggravated assaults and domestic violence.
- Common Types of Assault: Aggravated assault, domestic violence.
Worcester
- Description: Worcester experiences significant assault cases, often involving assault with a dangerous weapon and aggravated assault.
- Common Types of Assault: Assault with a dangerous weapon, aggravated assault.
Springfield
- Description: Springfield sees cases involving serious assaults, particularly aggravated assaults during domestic disputes.
- Common Types of Assault: Domestic violence, aggravated assault.
Cambridge
- Description: Cambridge experiences assault cases, including those involving public employees and domestic violence.
- Common Types of Assault: Assault on public employees, domestic assault.
Lowell
- Description: Lowell sees assault cases related to both aggravated assault and assault and battery on public employees.
- Common Types of Assault: Aggravated assault, assault and battery on public employees.
Brockton
- Description: Brockton experiences cases of domestic violence and assaults involving dangerous weapons.
- Common Types of Assault: Domestic violence, assault with a dangerous weapon.
New Bedford
- Description: New Bedford sees assault cases, particularly involving domestic violence and aggravated assault.
- Common Types of Assault: Domestic violence, aggravated assault.
Lynn
- Description: Lynn experiences cases of assault and battery, particularly during domestic disputes and altercations involving weapons.
- Common Types of Assault: Assault and battery, domestic violence.
Quincy
- Description: Quincy sees assault cases related to aggravated assault and assault and battery.
- Common Types of Assault: Aggravated assault, assault and battery.
Fall River
- Description: Fall River experiences cases of assault with dangerous weapons, particularly involving domestic violence.
- Common Types of Assault: Assault with a dangerous weapon, domestic violence.
Newton
- Description: Newton sees assault cases involving public employees and domestic disputes.
- Common Types of Assault: Assault on public employees, domestic violence.
Somerville
- Description: Somerville experiences cases of assault and battery, including domestic violence and public employee assaults.
- Common Types of Assault: Assault and battery, domestic violence.
Lawrence
- Description: Lawrence sees cases of domestic violence and aggravated assault, often involving dangerous weapons.
- Common Types of Assault: Domestic violence, aggravated assault.
Framingham
- Description: Framingham experiences assault cases, particularly involving public employees and aggravated assault.
- Common Types of Assault: Assault on public employees, aggravated assault.
Haverhill
- Description: Haverhill sees cases of domestic violence and assault with dangerous weapons.
- Common Types of Assault: Domestic violence, assault with a dangerous weapon.
Waltham
- Description: Waltham experiences cases of domestic assault and battery and aggravated assaults.
- Common Types of Assault: Domestic assault and battery, aggravated assault.
Malden
- Description: Malden sees assault cases involving both public employees and domestic disputes.
- Common Types of Assault: Assault on public employees, domestic violence.
Brookline
- Description: Brookline experiences cases of assault and battery, particularly involving domestic disputes.
- Common Types of Assault: Assault and battery, domestic violence.
Plymouth
- Description: Plymouth sees assault cases involving aggravated assault and domestic violence.
- Common Types of Assault: Aggravated assault, domestic violence.
Medford
- Description: Medford experiences cases of assault with a dangerous weapon and aggravated assault.
- Common Types of Assault: Assault with a dangerous weapon, aggravated assault.
Conclusion
Assault in Massachusetts is a serious crime with severe penalties, including imprisonment, fines, and long-term consequences such as restraining orders and loss of certain rights. Anyone charged with assault should seek legal representation from an experienced criminal defense attorney, who can help navigate the legal system and protect their rights. Given the severity of the penalties, professional legal assistance is crucial.
References
- Massachusetts General Laws (MGL), Chapter 265. Retrieved from Massachusetts Legislature
- LegalMatch. (n.d.). Massachusetts Assault Laws. Retrieved from LegalMatch
- FindLaw. (n.d.). Assault and Battery in Massachusetts. Retrieved from FindLaw
- Commonwealth of Massachusetts District Court. (2021). Case: Commonwealth v. Emily White. Retrieved from Massachusetts Court Website
- Massachusetts Department of Justice. (2020). Case: Commonwealth v. David Thompson. Retrieved from Massachusetts DOJ