What is the difference between “assault” and “assault and battery?” Massachusetts’ law distinguishes the two. Assault is defined as attempting to use physical force against another or displaying, through words and actions, the intent to use immediate force against another. Assault and battery is the deliberate contact against another without consent and in a way that is offensive or likely to cause physical harm.
A section 13A violation is punishable by imprisonment up to two and half years or a fine not more than $1000.00. Upon the court receiving a complaint of a section 13A violation, a summons can issue if there is reason to believe the accused will appear upon the summons. If there is no such reason to believe the accused will appear, an arrest warrant may be issued.
Punishment under the law can increase to five years in state prison, up to two and half years in a house of correction, and/or a fine of up to $5000.00 if the alleged victim suffers serious bodily harm, is pregnant, or has a restraining against the accused.
Word of Advice: If you are charged with a 13A violation, speak to a lawyer to better understand the statute and applicable punishments.
(855) 254-7841
(855) 254-7841
