The statute: Assault and battery is the intentional, unjustified touching of another person, however slight, or a touching that recklessly causes bodily injury. The basic offense is a misdemeanor; the statute also contains felony enhancements, including assault and battery causing serious bodily injury and assault and battery on a pregnant person or a person with an active restraining order against the defendant.
What the Commonwealth must prove:
For intentional assault and battery:
- The defendant touched the alleged victim, however slightly.
- The defendant intended the touching.
- The touching was without the alleged victim’s consent and was not legally justified or excused.
For reckless assault and battery:
- The defendant engaged in conduct that caused bodily injury to another person.
- The defendant’s conduct was reckless — a conscious disregard of, or indifference to, a substantial risk that the conduct would cause injury.
Penalties: For the basic offense, a house of correction for not more than 2½ years, or a fine of not more than $1,000. Assault and battery causing serious bodily injury is a felony punishable by up to 5 years in state prison. Even a misdemeanor conviction creates a criminal record (CORI) that affects employment, housing, and professional licensing.
In plain English: Assault and battery is one of the most commonly charged crimes in Massachusetts. It does not require any real injury — an unwanted push, grab, or slap is enough. Most cases are misdemeanors, but they are prosecuted aggressively, especially where police or a restraining order are involved.
How these cases are defended:
- Self-defense and defense of others — who was the aggressor is often the whole case.
- Lack of intent — accidental contact during a mutual scuffle or crowded altercation.
- Challenging identification and witness credibility, including the complainant’s account versus video evidence.
- Where appropriate, resolving the case through a clerk-magistrate’s hearing, pretrial probation, or a continuance without a finding (CWOF) to avoid a conviction.
- Challenging the sufficiency of the complaint and police investigation at a show-cause hearing before charges issue.
This page is general information about Massachusetts law, not legal advice about any specific case. If you are charged with a crime, contact Davis Law Firm, P.C., 132 Lincoln Street, Suite 5L, Boston, MA 02111, (617) 297-4837.
