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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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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 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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"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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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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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 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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"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…

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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…

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"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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