Quincy Assault Lawyer

Assault charges are common in Quincy, Massachusetts and the surrounding area. Assault encompasses a broad category of crimes ranging from domestic violence between spouses or intimate partners, bar fights, gang fights, hate crimes, and more. If you have been charged with assault stemming from allegations that you punched, hit, kicked, slapped, strangled, shoved, pushed, pinched, smacked, scratched or through any other action, you need a proven Quincy assault lawyer to defend you. The Law Offices of Daniel DeMaria has extensive experience handling assault cases and will do its utmost to get your Quincy assault case dismissed, to secure an acquittal, or to secure a favorable plea bargain.

Assault (G.L. c. 265, § 13A(a))

In Massachusetts, assault is a crime pursuant to G.L. c. 265, § 13A(a). Assault is defined as an attempted battery on another individual or an immediately threatened battery.

To establish an attempted battery, the prosecution must establish beyond a reasonable doubt that:

1. The defendant had the intent to commit a battery, which is a harmful or impermissible touching upon another person; and
2. That the defendant took an overt step and came reasonably close in doing so

There are two theories of assault.

Under the attempted battery theory of assault, the prosecution does not need to establish that the person was put in fear or even aware of the attempted battery.

The second form of assault, immediately threatened battery, requires the prosecution to prove beyond a reasonable doubt that:

1. The defendant intended to put a person in fear of an imminent battery; and
2. Engaged in conduct towards the person which could reasonable be perceived as imminently threatening a battery.

Assault and battery (G.L. c. 265, § 13A)

In Massachusetts, assault and battery is a crime pursuant to G.L. c. 265, § 13A. The burden is on the prosecution to prove the following three elements beyond a reasonable doubt:

1. That the defendant touched the person of another;
2. That the defendant did so intentionally;
3. That the touching was either offensive or that it was likely to cause bodily harm to the person of another.

Assault and battery causing serious bodily injury (G.L. c. 265, § 13A(b)(i))

Assault and battery causing serious bodily injury is a very serious offense in Quincy, Massachusetts. To convict a person of assault and battery causing serious bodily injury, the prosecutor must prove each of the following beyond a reasonable doubt:

1. That the defendant touched the person of another;
2. That the defendant intended to touch the person; and
3. That the person sustained serious bodily injury which is defined as an injury resulting in pertinent disfigurement, loss or impairment of a limb, organ, or bodily function, or a substantial risk of death.

Assault and battery on a person protected by an abuse prevention order (G.L. c. 265, § 13A(b)(iii))

Another commonly charged crime in Quincy, Massachusetts is assault and battery on a person protected by an abuse prevention order.

The elements of this offense, which the prosecution must prove beyond a reasonable doubt are that:

1. That the defendant touched the person of another;
2. That the defendant intended to do so;
3. That the touching was either offensive or likely to cause bodily harm to the person of another;
4. That a court had issued an order pursuant to G.L. c. 209A;
5. That the 209A order was in effect when the alleged assault and battery took place; and
6. That the defendant knew that the order, or the pertinent terms thereof, were in effect.

How Daniel DeMaria, Esq. Can Help

When you find yourself facing an assault charge in Quincy, you need an attorney who not only has a firm understanding of the law behind the charges you are facing but also understands the local legal landscape of the Quincy area and its nuanced practices and customs. Daniel DeMaria, Esq. will:

• Navigate the complexities of your case. We understand and are fully proficient in the substantive assault laws and criminal procedural law.
• Protect your legal rights. We can ensure that your legal and constitutional rights are protected while defending your assault charges.
• Build and implement a strong defense. We can work to identify any weaknesses in the prosecution’s case and gather evidence that can help turn the case in your favor.
• Negotiate with the prosecution. We can aim for a continuance without a finding (CWOF), reduced charges, alternative sentencing options, or even a full case dismissal if the evidence allows for it.
• Mitigate the consequences. We can work toward minimizing the impact a conviction may have on your professional and personal life.

Penalties for Assault Charges in Massachusetts

When you are convicted of a misdemeanor assault charge, you can expect to face the following legal penalties:

• A fine, totaling up to $1,000
• Imprisonment of up to 2.5 years in a house of correction

Felony assault charges are far more serious. For example, assault with a dangerous weapon is a felony which carries the following legal penalties:

• A fine, totaling up to $1,000
• Imprisonment of up to 5 years in state prison

Keep in mind that your attorney might be able to seek alternative sentencing options. These might include:

• Continuance without a finding (CWOF)
• Instead of jail or prison time, you may be able sentenced to probation with specific legal conditions, such as:
  • No-contact orders restricting any kind of communication with victims
  • Stay-away orders prohibiting contact with the victim
  • Anger management classes, including mandatory attendance and graduation
  • Mental health evaluations to seek the necessary treatment

FAQs

Contact Daniel DeMaria, Esq.: Your Assault Defense Team in Quincy

When you get hit with an assault charge in Quincy, Massachusetts, you don’t need just any lawyer — you need a local lawyer with a firm understanding of the law. If you are facing assault charges in the Quincy area, contact The Law Offices of Daniel DeMaria, Esq. today