If you receive papers concerning assault and battery in Massachusetts, start with the charge wording, the court and the next listed date. Keep every notice and order together. The label used in a conversation may leave out a statutory subsection or a separate charge that changes the questions counsel needs to examine.
A useful first consultation identifies what has been alleged, the papers already issued and where relevant records may be found. This article provides a starting point for that review.
The exact charge matters
Massachusetts General Laws chapter 265, section 13A addresses assault or assault and battery. Its subsection (a) and the specified aggravated categories in subsection (b) carry different statutory provisions. The latter include allegations involving serious bodily injury, pregnancy with the required knowledge, and certain existing protective orders with the required knowledge. Mass. Gen. Laws ch. 265, § 13A.
Do not assume that every paper using “assault and battery” refers to the same statutory offense. Copy the exact citation and charge wording for counsel, including any allegation of a weapon, relationship or existing order. This article does not determine the charge classification or penalty from a general incident description.
Intentional touching and an accidental result are different questions
In Commonwealth v. Ford, a dangerous-weapon case, the Supreme Judicial Court explained that an intentional-touching theory requires the touching itself to be intentional rather than accidental. Intentionally doing an act that later produces contact is not, by itself, the same finding. The court also explained that specific intent to injure is not required for that theory. Commonwealth v. Ford, 677 N.E.2d 1149, 424 Mass. 709, 711 (Mass. 1997).
That distinction makes the sequence of events important. It does not mean that describing contact as an accident automatically defeats a charge. Ford also distinguishes a separate wanton-or-reckless theory involving bodily injury. The facts and the theory actually pursued need individual analysis. Commonwealth v. Ford, 677 N.E.2d 1149, 424 Mass. 709, 711 (Mass. 1997).
Put the court papers in one place
Gather the complaint or citation, summons, hearing notice, release papers and any order you received. Note the court, docket number, date received and next date on each document. If you are contacting the firm for someone who is detained, say so in the initial request.
Identify missing papers. If documents appear to give different dates or instructions, flag the difference for counsel rather than editing either copy or choosing one without checking.
Keep a related protection order, family matter, probation notice or separate case identifiable. A discussion of the assault allegation does not answer every question raised by another order or proceeding.
Preserve a complete account and original records
Prepare a short chronology for discussion with counsel. Record the location, people present, sequence of events and what you personally observed. Distinguish your recollection from statements made by others.
Keep original messages, photographs, receipts and notices. Preserve the complete exchange rather than selecting only favorable passages. If a business, phone or camera may contain relevant information, tell counsel where it is held and whether you know the recording actually exists.
The firm's criminal-defense guide explains the broader document-preparation process.
Keep orders and investigation requests identifiable
Preserve interview requests and requests for documents as received, with the sender, agency and date. Bring any release or no-contact order so counsel can review its actual terms before discussing communication with another person.
Do not ask another person to change an account, delete information or remove a message. Keep potential evidence for counsel and avoid posting the case narrative or recordings publicly.
Request a Massachusetts criminal-defense consultation
DiLibero & Associates handles Massachusetts criminal-defense matters from its Providence office. Request a consultation or call 401-621-9700. An inquiry does not confirm an appointment or create an attorney-client relationship.
This article provides general information about Massachusetts law. The charges, orders, applicable law and facts of an individual matter control.