When you need an experienced Woburn personal injury attorney, you can count on Faneuf Law Group LLC. Let us deal with all of the paperwork and hassles, while you rest and get back on your feet.

 

While most personal injury lawsuits are filed over accidents, like a bike accident or a car crash. However, in some cases, the action that caused the harm was intentional and not accidental. In the context of personal injury law, "assault" and "battery" are intentional torts (wrongs) that can form the basis of a lawsuit in civil court. In a typical case, the victim of an assault and/or battery sues the offender, seeking compensation for injuries and other damages as a result of the incident.

Here’s what the state of Massachusetts says about assault or assault and battery.

SECTION 13A - ASSAULT OR ASSAULT AND BATTERY; PUNISHMENT

Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000. 

A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons. 

(b) Whoever commits an assault or an assault and battery: 

(i) upon another and by such assault and battery causes serious bodily injury; 

(ii) upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant; or 

(iii) upon another who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment issued pursuant to section 18, section 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, in effect against him at the time of such assault or assault and battery; shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 21/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment. 

(c) For the purposes of this section, ''serious bodily injury'' shall mean bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.

The state law is crystal clear, but we’re sure you may be wondering, “what kind of conduct amounts to "assault" in a personal injury case, and what is a battery"? Let’s answer those questions. Before we start, if you’re looking for information on sexual assault, click that link.

What Is Assault?

In a personal injury case, the tort of assault is usually defined as any intentional act that is meant to cause a "reasonable apprehension of imminent and harmful contact," that is, an action that made someone (the victim) expect that they were about to be hurt or, at least, touched in a harmful way by the offender. In most states, that apprehension or fear of imminent harm, as long as it's a reasonable response to the situation, is all that's necessary in order for an act to be considered an assault.

The PILLARS of Civil Assault

Unlike battery, civil assault doesn’t require that the defendant have any physical contact with the victim. In a civil suit for assault, the plaintiff will need to prove that the following was present:

  • An intentional attempt or threat to inflict injury on another person,

  • Coupled with an apparent ability to cause the harm,

  • Which creates a reasonable apprehension of bodily harm or offensive contact in the victim

As long as the victim is placed in fear of imminent contact, no actual physical contact or injury need occur. For example, if a defendant intended to scare the plaintiff by swinging a baseball bat near him, and the plaintiff was put in fear of physical injury, the plaintiff would have a case for civil assault.

What Is Battery?

The specific definition of the intentional tort of "battery" does vary depending on the state at question, but typically all that's required is that one person (the offender) make intentional and harmful or offensive contact with another person (the victim).

The PILLARS of Civil Battery

The elements to establish civil battery are generally the same as for criminal battery. A successful civil suit for battery will require the plaintiff to prove that the following elements were present:

  • The intentional touching of, or application of force to, the body of another person,

  • In a harmful or offensive manner, and

  • Without the victim’s consent

According to the Restatement (Second) of Torts, the assailant doesn’t have to intend to have physical contact with his victim in order for civil battery to occur. He must merely intend to cause the imminent apprehension, or fear, of physical harm in his victim. For example, if a defendant merely intended to scare the plaintiff by swinging a baseball bat near him, but the plaintiff was accidentally hit by the bat, the plaintiff would have a case for civil battery.

Assault and Battery (A&B) and Aggravated A&B

In the state of Massachusetts, there’s a number of categories each type of assault and battery falls in.

  • Massachusetts Assault And Battery (A&B) - In Massachusetts, under MGL c. 265 s. 13A, the charge of assault or assault and battery carries up to 2 years in jail and a $1,000 fine.

  • Assault And Battery On A Family Or Household Member - Domestic assault and battery cases are also charged under their own statute, M.G.L. c. 265 s. 13M.

  • Assault And Battery On A Family Or Household Member - This one is a new state law, M.G.L. c. 265 s. 13m, specifically enacted to address domestic violence in Massachusetts. While the elements of Assault and Battery are required, an additional element that the alleged victim was a "family or household member" is an additional element required for prosecution under this statute. The penalty for this offense is up to 2 years in jail and $5,000.00.

  • Assault And Battery On A Child Under 14 - In Massachusetts, underMGL c. 265 s. 13J, assault and battery on a child under 14 years old causing bodily injury is a felony punishable by up to 5 years in state prison.

  • Assault And Battery On A Child Under 14 Causing Serious Injury - In Massachusetts, underMGL c. 265 s. 13J, assault and battery on a child under 14 causing serious bodily injury is a felony that carries up to 15 years in state prison.

  • Massachusetts Assault And Battery On A Public Employee - In Massachusetts, underMGL c. 265 s. 13D, Assault and Battery on a Public Employee carries a mandatory minimum sentence of 90 days in jail and $500 fine, up to a possible 2 ½ years in jail and $5,000 fine.

  • Massachusetts Assault And Battery On An Elderly Or Disabled Person - In Massachusetts, underMGL c. 265 s. 13K, assault and battery on an elderly or disabled person is a felony that carries up to 3 years in state prison and $1,000 fine.

  • Massachusetts Assault And Battery On An Elderly Person Or Disabled Person Causing Bodily Injury - In Massachusetts, underMGL c. 265 s. 13K, if you are charged with assault and battery on an elderly or disabled person, and that person suffered bodily injury, you are facing up to 5 years in state prison and $1,000 fine. If that person sufferedseriousbodily injury, (permanent disfigurement, loss or impairment of bodily function, limb or organ, or substantial risk of death), then you now face up to 10 years in state prison and $5,000 fine.

  • Massachusetts Assault And Battery Causing Serious Bodily Harm - In Massachusetts, underMGL c. 265 s. 13A, assault and battery that causes serious bodily injury is a felony that carries up to 5 years in state prison and $5,000 fine.

  • Massachusetts Assault And Battery On A Pregnant Woman - In Massachusetts, underMGL c. 265 s. 13A, the charge of assault and battery on a pregnant woman is a felony that carries up to 5 years in state prison and $5,000 fine.

  • Massachusetts Assault And Battery On A Retarded Person - In Massachusetts, underMGL c. 265 s. 13F, it is a separate criminal offense to commit an assault and battery on a person with an intellectual disability, knowing that the person has such disability.

Massachusetts Assault Victims Attorney

There’s no question about it, the pain and trauma of assault goes way beyond just the physical injuries. Here at Faneuf Law Group LLC, we understand what you’re going through and we’ll do everything in our power to ensure you’re compensated. It doesn’t matter if the perpetrator is someone you know or a complete stranger, it can lead to long lasting permanent damage that can include:

  • Pain and suffering

  • Scars and other body

  • Medical bills

  • Lost income, lost job

  • Lost future earnings

  • Anxiety and fear

  • Depression, self-esteem problems

  • Sleep problems, weight problems

While we know a lawsuit can never fully compensate our clients for what they have lost or ever make them "whole" again, we do know a financial award is a great first step to take. That could include getting your medical bills paid off. That could include getting your physical therapy started. That could include finally getting your bills paid down.

GET A FREE CONSULTATION TODAY

If you’re a victim of assault and battery, you don’t want to wait around as you only have a certain period to file a claim. Our experienced Woburn assault and battery attorneys are here to help answer any questions you have. Contact us today to get a free, no-obligation consultation. You can reach us at 617-939-9894 or you can use our contact form.



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