A man in South Boston was recently charged with assault after he allegedly randomly punched another individual in the face. The charges came after law enforcement responded to calls of an assault and battery and spoke with a man who claimed he was walking with a woman when a stranger walked up to the man and punched him in the face. A woman who saw the accident occur followed the suspect, who was eventually arrested near the Chinatown MBTA station. In addition to charges of assault, the man was also charged with battery causing bodily injury and resisting arrest.
A large number of people in Massachusetts end up facing assault and battery charges each year. Fortunately, an experienced criminal defense attorney understands how these charges are made and can help create a strategy to defend against these charges. This article lists some of the most common defenses that can be raised in defense to assault and battery charges in Massachusetts.
Showing that Prosecution Failed to Prove Each Element of an Offense
One of the most common ways to defend against a charge of assault or battery in Massachusetts is to establish that law enforcement failed to meet each element of an offense beyond a reasonable doubt.
To convict a person of assault in Massachusetts, prosecution must establish that an individual either attempted to use physical force against an individual or demonstrate that a person had the intent to use immediate force against someone.
A person in Massachusetts can be convicted of assault and battery if it can be demonstrated that the individual deliberately touched the victim in a way that was likely to result in bodily harm or did so without the consent of the victim.
Dismissal of Charges
Another common strategy that a criminal defense attorney might attempt to use is a dismissal of all charges. One common way to obtain a dismissal of charges is to show defects in either charging documents or to establish that a person’s Constitutional rights were violated by law enforcement.
Establish That the Offense Did Not Occur
It is not uncommon for law enforcement to side with the alleged victim when a charge of assault or battery arises. If you are able to establish that the assault or battery did not occur, a strong defense can be raised. It is also possible in some cases to establish before a court of law that law enforcement got the details incorrect about your arrest.
Proving Motivation to Make False Allegations
While not as common as the first two defenses, it is possible in some cases that the victim made up an assault or battery charge in an attempt to get someone else in trouble with law enforcement. In these situations, an experienced criminal defense attorney can create a strategy to establish that the alleged victim made up claims of assault or battery.
Speak with an Experienced Criminal Defense Attorney
No matter the exact assault or battery offense with which you are charged, do not hesitate to speak with experienced criminal defense attorney Edward Molari today.