Assault charges in Massachusetts cover a broader range of conduct than most people realize, and the specific charge you or a loved one is facing can make an enormous difference in the potential consequences and the defense strategy. Understanding what these charges actually mean — legally, not just colloquially — is the starting point for any effective defense.
The Difference Between Assault and Assault and Battery
Under Massachusetts law, simple assault is an intentional attempt to cause harmful or offensive physical contact with another person, or a threatened battery that puts the victim in reasonable apprehension of immediate harm.
Critically, an assault in Massachusetts does not require that any physical contact occur. A threatened action that reasonably causes someone to fear they are about to be struck can constitute assault even if no blow lands.
Assault and battery is a distinct and more serious charge. It requires actual physical contact — the intentional touching of another person without legal justification and without their consent, in a harmful or offensive manner.
This distinction matters because many people find themselves charged with assault and battery after incidents in which they believe the level of contact was minimal or even accidental. Under Massachusetts law, even relatively minor intentional contact — a shove, a push, grabbing someone’s arm — can constitute assault and battery. The question is not how hard the contact was, but whether it was intentional and without consent.
Simple assault is a misdemeanor carrying up to two and a half years in a house of correction. Assault and battery is also typically a misdemeanor at its most basic level. But these charges become significantly more serious — and felonies — when aggravating factors are present.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
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Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
