What are Assault & Battery Offenses?
Assault & Battery refers to the unlawful touching of another person. In order to convicted of committing an intentional assault and battery, the Commonwealth must prove three things beyond a reasonable doubt:
- That the defendant touched the person of [the alleged victim];
- That the defendant intended to touch [the alleged victim]; and
- That the touching was either likely to cause bodily harm to [the alleged victim], or was offensive.
There are also various aggravating factors that may subject a person to harsher penalties, such as Assault & Battery causing serious bodily injury, Assault & Battery on an elderly or disabled person, Assault & Battery on a pregnant woman, Assault & Battery on a police officer, Assault & Battery on a child under 14 causing injury.
In addition, a person may be convicted of simple Assault, where there is no physical contact with the alleged victim. An assault may be committed in either of two ways. It is either an attempted battery or an immediately threatened battery. A battery is a harmful or an unpermitted touching of another person. So an assault can be either an attempt to use some degree of physical force on another person — for example, by throwing a punch at someone — or it can be a demonstration of an apparent intent to use immediate force on another person — for example, by coming at someone with fists flying. The defendant may be convicted of assault if the Commonwealth proves either form of assault.
Bail/Release Conditions for those Facing Assault & Battery Charges
If you have been arrested for an Assault & Battery offense, the Commonwealth may request bail or may move for a 58A or “dangerousness” hearing to hold you without bail. This is likely to happen if you have a prior record of convictions for assaultive charges, or if there are aggravating circumstances such as the alleged victim is pregnant, elderly or required serious medical attention. Ashley knows which factors are important to prove at these hearings in order for clients to keep their liberty while preparing for trial.
If you have been charged with an Assault & Battery offense, call McCormack Law today to protect your rights.