Brockton Assault Defense Attorney

Protecting Your Rights Across Plymouth, Hingham & Across Massachusetts

If you have been charged with assault, or assault & battery, you need to contact an experienced Brockton criminal defense attorney. A conviction of this crime can result in incarceration and fines. This crime could be filed as a misdemeanor or a felony, and the penalties involved are very different.

The attorneys at South Shore Criminal Defense are very experienced in successfully defending individuals of this crime. They have decades of hands-on practice. Their focus is protecting your rights and pursuing all avenues necessary toward the goal of keeping you out of jail through a case dismissal, reduced charges or an acquittal if it goes to trial.

Assault Charges in Massachusetts

The crime of assault is basically threatening someone with harm. It does not actually include any physical contact. If the offender follows the threat with an actual physical attack, it becomes assault and battery. The physical attack does not necessarily have to mean a weapon was involved, nor does it necessarily mean that the victim was hit.

Assault and battery could be as simple as threatening someone and then pushing them. The victim does not even have to suffer any injury for the action to result in an arrest. Assault is often legally associated with domestic violence, where one spouse threatens another and throws an object at the victim.

Could Assault Be a Felony?

The difference between charging this crime as a misdemeanor or a felony depends on how severe the assault was, the extent of the victim's injury and whether a weapon was used. Penalties are very different as well. A misdemeanor assault charge could mean up to 2 ½ years in jail and a fine of up to $1000, whereas a felony could mean 2 ½ years in state prison, which is a much more severe environment.

Simple vs. Aggravated Assault in Massachusetts

An assault charge can vary greatly in terms of penalties depending on whether a person is charged with simple assault, aggravated assault, or assault with a dangerous weapon. Simple assault, oftentimes referred to as just “assault,” is committed when a person attempts to use physical force against another person demonstrates an intent to use immediate force against another person. No contact is required in order for a person to be charged with assault, merely the credible threat of force.

Without any aggravating factors, a simple assault conviction can carry the following penalties:

  • A misdemeanor criminal record
  • Up to $1,000 in fines
  • Up to 30 months in jail

An assault charge can be escalated to a felony charge of aggravated assault in the event a person inflicts serious injury to the assault victim. Injuries that result in permanent disfigurement, loss of function, loss of limb, or substantial risk of death can be considered serious or substantial bodily injuries. In addition, a person can be charged with felony aggravated assault in the event that the victim should be a member of a particular protected class, such as a child under age 14, a pregnant woman, a government employee, a peace officer, an elderly person over age 60, or a disabled person.

A conviction of aggravated assault is much more serious, carrying penalties such as:

  • A felony criminal record
  • Up to ten years in prison
  • Fines up to $5,000

Regardless of the specifics, every charge of assault is extremely serious and requires the trained eye of a skilled criminal defense attorney to be defended. An attorney from our firm can examine the details of your case and fight for a reduction or dismissal of your charges on your behalf.

Contact South Shore Criminal Defense

At the firm, they know that there can be more than one defense for an assault charge. You could have been acting in self defense or in the defense of another person. You could also be defending your home or dwelling. There may be others. You should not try to defend this crime without qualified legal help, as mistakes could put you at serious risk. Act now if you've been arrested or have received Notice of a clerks-magistrate hearing, summoning you to appear at a show-cause hearing. Contact the firm as soon as possible to go over your case and learn what they can do for you.

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