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Massachusetts Assault Lawyer

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Massachusetts Assault Attorney

Ellison Law LLC have attorneys who defend people accused of committing all various types of assaults in the Commonwealth of Massachusetts. If you have been charged with any type of assault charge, give us a call today. Assault charges are a serious offense and should not be taken lightly.

What Is The Definition Of Assault In Massachusetts?

An assault is “any manifestation, by a person, of that person’s present intention to do another immediate bodily harm.” Commonwealth v. Barbosa, 399 Mass. 841, 845 n.7, 507 N.E.2d 694, 696 n.7 (1987).

There are generally two forms of assault, an attempted battery and an imminently threatened battery. An attempted battery is the attempt to physically attack or harm another person. An imminently threatened battery occurs when you put another person in the immediate threat of physical harm. Commonwealth v. Delgado, 367 Mass. 432, 435-437 & n.3, 326 N.E.2d 716, 718-719 & n.3 (1975).

A great example of an assault in the usual sense would be you throwing a punch at someone.Additionally, a great example of another way that an assault can occur would be to run up to someone fists flying.

An assault is “any manifestation, by a person, of that person’s present intention to do another immediate bodily harm”

Types of Massachusetts Assault Offenses:

What are Potential Defenses to Assault Offenses in Massachusetts?

It is important to hire a skilled criminal defense lawyer who handles assault charges on a regular basis as these matters are not as straightforward as they might seem. Some potential defenses to assault can be the following:

Self Defense: You have the right to defend yourself if you feel you are being attacked and your safety is in danger. If you raise this defense at trial, and can provide evidence of self defense, the prosecution has to prove beyond a reasonable doubt that you did not act in self defense. It can be important in self defense claims that you tried to do everything reasonably necessary to avoid using force. In addition, the force you used has to be reasonable under the circumstances.

Defense of Another: You have the right to defend another person who is in need of aid when that person is in a situation where they could use self defense to defend themselves. The force that is used has to be reasonable.

It Never Happened: Many times a complaining witness may be lying about what happened. An experienced criminal defense lawyer will be able to show facts and circumstances though their investigation and throughout trial to show that the person is making up this scenario and no assault actually took place.

What Are The Elements Of An Assault Charge In Massachusetts?

The elements—what the prosecution must prove for you to be guilty—in an attempted battery assault case are:

  1. You intended to commit a battery;
  2. You took some overt step toward accomplishing that intent;
  3. And you came reasonably close to accomplishing this intent.

The elements—what the prosecution must prove for you to be guilty—in an imminently threatened battery case are:

  1. You intended to put the alleged victim in fear of an imminent battery;
  2. You engaged in some conduct toward the alleged victim;
  3. The alleged victim reasonably perceived that conduct to be imminently threatening a battery.

What Is An “Overt Step” For An Assault In Massachusetts?

An overt step would be any indication—to the reasonable person—that you were going to attempt to physically harm the alleged victim.Commonwealth v. Chambers, 57 Mass. App. Ct. 47, 49, 781 N.E.2d 37, 40 (2003)

It is important to hire a skilled Massachusetts criminal defense lawyer as soon as possible to begin the process of gathering evidence and crafting a legal defense to the assault charges you are facing. Contact a Massachusetts Assault Lawyer at Ellison Law LLC today at 401-230-5520.

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David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

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Really knows his stuff! If you need a save call Dave. I'm glad I did. Handled all the paperwork for me and made things really simple and comfortable setting

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David Ellison was very understanding and compassionate. He kept in touch and was always up to date. If you're looking for honest great legal representation contact David Ellison!

- Very Understanding and Compassionate

We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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"David Ellison and Allyson Quay are very knowledgeable and professional. They are a great to work with. Allyson helped me with my case and was able to obtain a great result! I am very happy…

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The most amazing lawyer I have ever had. He does an amazing job with amazing results. Extremely happy with the results. Extremely highly recommended by me. He is a man of his word and is…

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David went above and beyond helping to resolve the matter quickly. He got the best possible outcome and was kind and easily accessible throughout the whole process. I can not recommend him more highly!

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"David Ellison worked diligently to get me a great result for my case. I would recommend his services to friends or family if they should need legal representation. Despite the circumstances, he was a pleasure…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"Great guy great lawyer will work with you financially and will get the result your looking for." Via Google

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"You get what you pay for and so much more. I was nervous, overwhelmed, and in uncharted territory. David called me personally within hours of inquiring online, and I immediately felt a sense of relief…

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"I hired Attorney David Ellison to represent me on a traffic violation. My license was at risk of suspension and he immediately recognized the impact this would have on me personally and professionally. I was…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"Attorney David Elliison is top notch! He guided me through the process, told me what to expect and he did come through for me with great results! I would highly recommend." Via Google

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"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

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"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

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"Attorney David Ellison was so helpful throughout the ENTIRE process of my traffic ticket case. He was so consoling and made everything understandable for me. Any questions or help that I needed even AFTER everything…

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"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

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"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

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"I had a great experience in working with Allyson and she did her best to get things right, I would recommend her to get tickets handled in Rhode Island." Via Google

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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"I was recently represented by David Ellison law and attained a not guilty verdict. This was vital, as school (law) was just about to start for me as well as work, and if found guilty…

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"If you're reading these reviews, I'm sure you're nervous for what's to come (whatever that may be), and you may be thinking "can they even help me?", "can I even afford the help?". With David…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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"I had the pleasure of being represented by David Ellison. He patiently and carefully listened to all the information related to my case. He explained everything to me in a way I could easily understand…

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David Ellison helped me get all legal documents together for my LLC. He was extremely time efficient and always friendly. I am very new to the small business world but he made everything super easy…

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"Best lawyer for traffic citations. He will do the most in his power and efforts to see you are much better off than going into battle alone. He is honest and didn't sell me a…

- The Best Lawyer for Traffic Citations: Highly Recommend

"David Ellison is one of the best attorneys I've met! Always prepared, professional and more than polite. If you need a save CALL DAVE! Ten out of ten!" Via Google

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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"David Ellison was great! He had a few appointments today and made sure to fit me in his schedule before hand. He made sure to go over everything with me so he knew what he…

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"Good people, professional service the best." Via Google

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"David is an amazing person. When I was 18 I was getting into my first real legal trouble, going to jail and what not. David was my court appointed attorney and I figured “I'm screwed…

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"Highly highly recommend Attorney Ellison! He was overly prepared for my case, answered all of my questions and DELIVERED! He was fast, efficient and overall a pleasure to work with. Cares about his clients, rather…

- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

- Takes His Job and Role in Society Very Seriously

"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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