An assault is an attempt or evident attempt to inflict bodily injury upon another individual by unlawful force, accompanied by the evident ability to injure the individual if not prohibited.
An assault can be a violent physical attack; it may also be a verbal attack that results in fear of offensive or harmful contact. Assault can often be used to broadly define not only violence, but also any intentional physical contact with another person without their consent.
Assault often occurs in junction with battery, resulting in the common law offense of “assault and battery”. The elements of battery are defined as follows:
- An of act of volition (an act chosen to be committed.)
- Done for the purpose of causing harmful or offensive contact with another person or under circumstances that make such contact substantially certain to occur.
- Anything which causes such contact. For example, this would be throwing a rock at someone for the purpose of hitting him (battery if the rock in fact strikes the person) and assault if the rock misses.
A stronger type of assault is aggravated assault. In most cases, this type involves the use of a deadly weapon. Aggravated assault is distinguishable from other assaults by the following:
- Serious physical injury is inflicted upon the victim using a deadly weapon.
- Grievous bodily harm, such as rape or kidnapping, are inflicted upon the victim
- Sexual relations with a minor (someone who has not reached the age of consent)
Assault in the United States is usually treated as a misdemeanor by the courts, or, in cases involving a law enforcement officer or cases of aggravated assault, as a felony. There are several required elements for a case of assault: the apparent and obvious ability to carry it out, an illegal attempt, and that said attempt was to commit a violent injury on the plaintiff. In cases of simple assault, there does not need to be intent of injury. For example, simply violating someone’s personal space can be considered simple assault.
If you have been charged with assault in Massachusetts, it is important to speak with an experienced criminal defense lawyer as quickly as possible to discuss your case.
Speak with a Boston Criminal Defense Lawyer 617-512-0939
To speak with a highly experienced Boston assault & battery lawyer, contact us online or telephone Francis T. O’Brien, Jr. at O’Brien Law Boston twenty four hours, seven days a week, toll free at 617-512-0939. There is no fee charged to discuss your case, and all information furnished will be kept strictly confidential.
The Parker | Scheer LLP Criminal Practice Group is led by Boston Criminal Lawyer Francis T. O’Brien Jr. who defends criminal cases in Boston and throughout Massachusetts. Criminal Courts served include Cambridge District Court, Cambridge, MA – Boston Municipal Court, Boston, MA – Brockton District Court, Brockton, MA – Framingham District Court, Framingham, MA – Waltham District Court, Waltham, MA.
Contact Boston Criminal Lawyer Francis T. O’Brien Jr. of Parker | Scheer LLP today at 617-512-0939.