Criminal Charges That a Boston Criminal Defense Lawyer Takes On

Ever found yourself in a jam and desperately needing to get out of it?

Well, you’re not alone. People across the globe, each year, find themselves in this same kind of predicament.

So even if you currently are not in trouble with the law, based on statistics, there’s a real chance that you may encounter a situation in which you have to deal with criminal charges.

It is for this reason, and this reason alone, that it’s probably in your best interest to have an idea of the kinds of charges that criminal defense lawyers deal with when they represent their clients.

Non Violent and Violent Felony Charges

Felonies are serious crimes that are punishable with a prison sentence and a fine.

Non violent felony charges would be for crimes, such as destruction of property, drug violations, burglary and vandalism. Violent felony charges include murder, rape, attempted murder and arson.

Driving Under The Influence

Driving under influence or DUI is another common criminal charge that requires the representation of a criminal defense lawyer.

When a person is charged with a DUI, he can face a prison sentence, fines, community service and possibly the suspension of his license. The criminal defense lawyer would look at the evidence against the defendant and develop a strategy to prove that the defendant is not guilty.

Battery Charges

These are common charges that are handled by criminal defense attorneys and there are various kinds of criminal defense attorneys. A simple assault and battery charge is issued if the defendant hits or punches another person to the point where he is injured and will need medical care.

Aggravated assault and battery is similar to the simple assault charge but in this case a weapon is used. The weapon could be a gun, knife or other object. In some states, assault charges are brought against those involved in the abuse of senior citizens.

Misdemeanor Charges

There are several types of misdemeanor charges that are handled by criminal defense lawyers and many of these cases do not go to trial like the more serious criminal charges. Petty theft is a charge where someone is charged for stealing a substantial amount of things that have a total value of at least $500. Trespassing unlawfully on another's property would be considered a misdemeanor and there is contempt of court, where a defendant is charged for not obeying a court order.

Criminal Charges Vary By State

The level of punishment for certain criminal charges also vary by state, which is an important reason why you should hire a criminal defense lawyer to represent you when charged with a crime.

Conclusion

Having an understanding of the different kinds of criminal charges that exists help you understand what criminal defense lawyers do on a regular basis and should you ever find yourself charged with a crime, you will be in a better position to cooperate with the lawyer regarding the outcome of the case.

Finally, an understanding of these charges is helpful in negotiating for a lighter sentence or smaller fine.

What is the Crime of Assault and Battery?

Assault and Battery Defense

Section 13A of chapter 265 of the Massachusetts General Laws provides that “Whoever commits . . . an assault and battery upon another shall be punished . . . .”  An assault and battery is the intentional and unjustified touching of the person of another.   When a defendant punches another he commits the crime of Assault and Battery.  The crime of Assault and Battery is a misdemeanor and punishable by imprisonment for not more than 2 ½ years in a house of correction or by fine of not more than $1000.   

Assault

An assault is an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.  An assault may be committed in either of two ways. It is either an attempted battery or an immediately threatened battery.  An attempted battery is when a person throws a punch at another but misses.  An immediately threatened battery is when a person places another in fear of an imminent threatened battery by engaging in objectively menacing conduct. 

Battery

Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the apprehension of such contact.  Every battery includes an assault as a lesser included offense.  Battery requires intentional conduct but does not require the victim to be injured or require that there be intent to harm.  For example, if a defendant kisses another person who doesn’t want to be kissed then the defendant commits the crime of Assault and Battery.

Elements of the Crime

In order to prove a defendant guilty of Assault and Battery, the prosecutor must prove three elements beyond a reasonable doubt:

First: That the defendant touched the person of another without having any right or excuse for doing so;

Second: That the defendant intended to touch the person of another; and

Third: That the touching was either likely to cause bodily harm to the person of another or was done without his (her) consent.

Poking someone with a finger, however slight and regardless of whether a mark is left or the person is injured is an Assault and Battery.  Accidental or unintended contact is generally not considered a crime. 

Reckless Conduct

There is a second way in which a person may be guilty of an assault and battery. Instead of intentional conduct, it involves reckless conduct that results in bodily injury.  A defendant is guilty of assault and battery if he engages in actions which caused bodily injury to another that result in a sufficiently serious injury.  The defendant’s actions have to amount to reckless conduct and not just negligent conduct.  For example, it is reckless to through a rock into a crowd of people without intending to strike anyone but if someone is hit and injured then that person may be guilty of Assault and Battery by way of reckless conduct.

Self-Defense

Defenses to a charge of Assault and Battery vary greatly and depend on the circumstances of each case.  Self-defense is the most commonly raised defense to the charge of an intentional Assault and Battery. The defense of self-defense exists, for example, if a defendant alleges he struck another person to prevent harm to himself in circumstances where he could not retreat from the other person and had to use reasonable force to defend himself from the other person’s attack.  In other words the defendant is saying that the Assault and Battery was justified.  When self-defense is raised, the prosecutor has the burden of proving beyond a reasonable doubt that the defendant did not act in self-defense. If there is reasonable doubt after a trial as to whether a defendant acted in self-defense, then the prosecutor has not met his burden and the defendant will be found not guilty.

The defense of self-defense can also be used in defense of others as well as defense of property.

Retaliation

A person cannot lawfully act in self-defense when one uses force in retaliation. For example, if a person is assaulted and struck, and hits the other person to get even, he then becomes the aggressor and has what is known as an imperfect right of self-defense and commits an Assault and Battery in retaliation.  The right to self-defense arises from necessity and ends when the necessity ends.

Next Step

Having a criminal defense attorney with extensive experience in assault and battery cases can make the difference between winning and losing.  Steven J. Topazio is a Boston Criminal Attorney and rated one of Boston’s Best.  For help visit Attorney Topazio at http://www.topaziolaw.com/criminal-practice-areas/assault-and-battery or email him at stopazio@topaziolaw.com for a free consultation.

Law Offices of Steven J. Topazio

Suite 4100 10 Winthrop Square

Boston, MA 02110

(617) 422-5803

www.topaziolaw.com