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.