Assault and Battery
Under Massachusetts law a person can be convicted of assault and battery for any intentional contact with another person without their consent. Typically people think of assault and battery as a punch, kick or some other kind of deliberate strike. However the above definition allows for any touching, no matter how slight to be prosecuted as long as the touching was intentionally done, and the person touched did not consent to the touching.
If you have been charged with assault and battery it is important to have aggressive and thorough representation from an experienced Framingham assault and battery defense attorney.
Although assault and battery is a misdemeanor charge, it still carries a maximum penalty of significant jail time, and can have a serious impact on a criminal record. Additionally there are felony versions of assault and battery that can be charged in certain circumstances. For example, assault and battery with a dangerous weapon, and aggravated assault and battery are both felony forms of assault and battery charges.
Assault and battery charges are often involved in allegations of domestic violence or violations of restraining orders. In a case where an assault and battery charge involves an allegation of domestic violence, it is important to be represented by an attorney who has experience with Massachusetts domestic violence defense.
Criminal domestic assault and battery charges can often bring the involvement of the Massachusetts Department of Children and Families also known as DCF. DCF investigates any incident where a child is involved, or is a witness to domestic violence. Police are required to call DCF to respond to any incident in which a child was involved, or witnessed domestic violence. Although DCF’s primary mission is not law enforcement, they are allowed to refer some incidents to prosecutors for prosecution if they learn of wrong doing during their investigation. If the police have involved DCF in your assault and battery case, it is crucial you hire an attorney who has experience dealing with your local DCF investigators and social workers.
As a Framingham domestic violence attorney Daniel Cappetta has experience handling DCF investigations that go side by side with criminal assault and battery charges. If you have been charged with assault and battery, call Attorney Cappetta today to set up an appointment for a free evaluation of your case.