Violent Crime

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A violent crime typically involves some degree of coercion, threatening, force or injurious contact.

Most common violent crimes are:

• Harassment
• Assault and battery
• Assault and battery with a dangerous weapon
• Sexual assault
• Rape
• Kidnapping
• Murder
• Manslaughter
• Armed Robbery
• Domestic battery
• Armed assault

Being charged with a violent crime and or assault and battery crimes can have serious ramifications on your life. Violent crimes vary in sentencing depending on the facts and severity of the case. If you are found guilty of a violent crime, you could face costly fines, anger management or batterer’s classes, a lengthy probation period, and in severe cases jail time. Being charged with a violent crime charge can also have implications in child custody hearings, application for a license to carry a firearm, and spousal support hearings. In most violent crime cases, time is of the essence to formulate a proper defense and to protect your freedom and your rights. If you have been charged with a violent crime, call the Law Office of Matthew M. Foti today.

• Generally defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Physical injury is not required. The mere attempt to injure someone else is all that is necessary for an assault charge. In some circumstances threats or threatening behavior can be classified as assault.
• For a conviction of an assault charge, a criminal act is still required. A criminal act can be direct or indirect as long as a reasonable person is put in fear of their safety.
• Assault charges require general intent, which means even if a person accidentally assaults another person, it is enough to show that a person intended the actions.

Assault and battery are among the most common violent crimes with which defendants are charged. Battery, by contrast, is a charge of actual, harmful physical touching. The severity of harm has no requirement, but in the most extreme situations an aggravated batter charge may be applied.

In Massachusetts, assault and battery can be charged under several statutes, such as:

• Simple assault
• Assault or assault and battery
• Indecent assault and battery on a child under 14
• Indecent assault and battery on a person with an intellectual disability
• Indecent assault and battery on a person 14 or older
• Assault and battery causing serious bodily injury

Because assault and battery are classified as violent crimes, their sentences are more significant. Under MGL c. 265 s. 13A an assault and battery charge can carry up to 2 years in jail and a $1000 fine. While a first-time simple assault charge might not result in a prison sentence, most assault and battery convictions will include jail time.

The specific sentence will be determined by a number of factors, including:

• The facts of your specific case
• Your past criminal history (if any)
• The severity of the incident in question
• The quality of your legal representation

If you have been charged with any form of Assault and Battery, call the Law Office of Matthew M. Foti today.

CALL (833) FOTI-LAW