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Violent crimes, including assault and battery, kidnapping, home invasion robberies and domestic abuse, are some of the most harshly punished criminal offenses. Often, even a first-time offense for a violent crime will result in a lengthy jail sentence, and even if you avoid jail time, the consequences of a conviction will turn your life upside down. At the Law Office of Patrick J. Murphy, our Suffolk violent crimes lawyer has more than 27 years of experience fighting on behalf of those charged with serious misdemeanors and felonies. We’ve helped countless clients move past their arrest and on with their lives, avoiding the worst consequences of a conviction.
Having defended clients in Suffolk County for nearly three decades, we’ve handled almost every type of violent crime in the book. However, based on our experience, the most common charged violent crimes in Suffolk County include the following:
Assault and battery is the cornerstone of most violent crimes. Under Massachusetts law, an assault occurs when someone places another person in fear of imminent injury, even if no contact results. Battery, on the other hand, is defined as physical contact which is likely to result in injury. Thus, assault and battery involves a situation where a defendant puts another person in fear of injury and then makes physical contact with the person that injured them or was likely to cause an injury.
Assault and battery is punishable by a maximum sentence of 2.5 years in a house of correction and a fine of up to $1,000. However, if the alleged victim was under 14 or over 60 years old, pregnant, disabled or a law enforcement officer, the maximum period of incarceration increases. There may also be a mandatory minimum sentence in these scenarios. For example, assault on a law enforcement officer carries the same 2.5-year maximum sentence but requires a defendant to serve at least 90 days in jail.
Assault and battery does require the prosecution to prove that the alleged victim was injured. However, if the government can prove that a defendant intended to murder, maim or disfigure another person, the defendant may be charged with assault with intent to maim or murder, which is a serious felony offense punishable by up to 10 years in state prison or as long as 2.5 years in jail and a fine of up to $100,000.
Assault and battery on a family or household member is Massachusetts’ domestic violence law, which prohibits anyone from committing an assault or an assault and battery against anyone with whom they have or had a family or romantic relationship. Under Mass. General Laws Chapter 265 Section 13M, domestic violence applies to the following relationships:
Assault and battery on a family or household member carries a maximum sentence of 2.5 years in jail and a $5,000 fine for a first offense. However, a second domestic violence conviction will result in up to five years in state prison, although judges can choose to sentence a defendant to serve their sentence in a house of corrections, in which case the maximum term is 2.5 years. Additionally, anyone convicted of a domestic violence crime must complete a batterer’s intervention program.
If you’re facing assault charges, it is essential that you have an aggressive criminal defense attorney by your side at every stage of the process to ensure your interests are protected. At the Law Office of Patrick J. Murphy, we have a long history of successfully defending clients charged with all types of violent crimes. We are immediately available to meet with you to discuss your case, go over your options, and get started developing a compelling defense to the charges you face. To learn more, and to schedule a free consultation with a Suffolk County violent crimes lawyer today, call 617-367-0450. You can also reach us through our online contact form.