Television viewers of legal dramas often hear the terms “assault” and “battery” bandied about without any real consideration as to what they mean. Many do not comprehend how these two terms indicate vastly different things and how the consequences will vary according to the findings by a court.
In the Commonwealth of Massachusetts, if a person is involved in a physical altercation with another person, they may be charged with assault and battery. The law of assault and battery is established in Massachusetts General Laws Chapter 265, Section 13A, and is prosecuted in Massachusetts district courts.
In brief, assault is the threat or attempt to cause harmful or offensive contact, while battery is the actual unlawful application of physical force or harmful/offensive contact to another person. Let’s break down what these legal terms mean and what evidence is needed to prove these in a court of law.
What Is Assault?
The crime of assault is distinctly different from the crime of assault and battery. It is defined separately and carries different penalties.
If a person is convicted of assault, they demonstrate an intent or an attempt to use force against another person. The act of assault does not involve the person actually causing physical injury to another. In fact, a defendant need not even make physical contact with another party in order for assault to occur. In short, assault is merely the threat of physical contact.
Elements of Assault
In order to be convicted of the crime of assault, the prosecutor must prove that the person intentionally meant to instill a state of fear or danger in the victim. It must also be shown that the victim believed that the perpetrator would harm or offend them and that fear must arise as a direct response to that imminent threat by the perpetrator.
What Is the Crime of Battery?
Battery, on the other hand, occurs only upon actual and intentional physical contact. A perpetrator must have intended the physical contact to occur.
Elements of Battery
To prove battery in court, a prosecutor must show that the act was deliberate with an intent to make harmful contact with the victim.
4 Elements of Assault & Battery
The combined assault and battery charge is described as a defendant intentionally touching a victim in a manner that is likely to cause bodily harm or does cause bodily harm. The four elements needed to convict a person of this crime include:
- Proof that touching occurred, no matter how slight
- Proof that the touching was committed intentionally
- Proof that the touching was harmful, such as physical harm or potential physical harm or that the touching was offensive, such as an offense to a person’s integrity
- Proof that the touching was committed without justification or excuse
Criminal defense attorneys may use several defense tactics against such charges, including self-defense—if the accused felt like they were under attack– or the defense of duress—if the accused was coerced into committing the act in some way.
Do you have questions about assault and battery charges or need help with legal counsel? Contact our team at the Law Offices of Patrick Conway.