Boston Assault & Battery
In Boston, assault and battery are two different charges. They are crimes that criminal courts hear and intentional torts that civil courts hear. This means that even if the state convicts a person for assault, battery, or both, the victim may also bring the action in civil court. For someone to face assault charges, they don’t have to touch the victim — only threaten. Battery refers to actual physical contact. For example, it’s assault to throw a rock at someone and miss. If the rock hits the person, that’s battery.
If you believe you’ve been a victim of assault or battery in or around Boston, having the right lawyer on your side is crucial. At Morgan & Morgan, we’ve been fighting for the rights of people like you for more than 30 years. Fill out this form for a free case evaluation.
Types of Assault and Battery
Massachusetts statutes have several penalties for assault and battery, depending on the circumstances. Some penalties are stronger than others because of the nature of the crime. In civil court, you sue for damages, including the cost of medical care if applicable, time lost from work, loss of consortium, loss of use, pain and suffering — and even punitive damages if the perpetrator is found to be purposely negligent in their actions.
Under the criminal code, charges are separate for assault and battery:
- On a family or household member
- On a public employee
- Causing serious bodily injury — and then into three categories: resulting in permanent disfigurement; resulting in the loss or impairment of a limb, organ or bodily function; or resulting in the substantial risk of death
- On a pregnant woman
- On a mentally retarded person (as written in the statutes)
- On a child who is over the age of 14 years
- On a child who is under the age of 14 years and causing serious bodily injury
- On a disabled or elderly person
- On a disabled or elderly person and causing bodily injury
Regardless of the penalties or if the criminal court chooses to convict the defendant, you may be able to sue the perpetrator in civil court.
While domestic violence involves assault and battery, the statute defines the relationships regarding the family or household member:
- The parties must be married to each other
- The parties had to have been married to each other within the previous five years
- The parties must be living together in the same house
- The parties must have been living together in the same house within the previous five years
- The parties are related by blood
- The parties have a child together
- The parties are engaged or involved in a substantive dating relationship within five years
Contact a Boston Assault and Battery Lawyer
If you’re the victim of assault or battery, contact the Morgan & Morgan law firm. Our Boston assault and battery lawyers are passionate about fighting for the rights of victims and are ready to be by your side during these trying times. With more than 500 attorneys nationwide, we have the resources and reach necessary to give you the best service possible.
At Morgan & Morgan, we believe the price of pain is infinite. However, compensation can provide you the sense of justice you deserve and alleviate financial burdens. Don’t go through this alone. Talk to a Boston assault and battery lawyer at Morgan & Morgan by filling out this form for a free case evaluation.
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