Contact Info

Donovan G. Boyle

Attorney at Law

Boyle & Carbone, P.C.

625 Main Street

Fitchburg, MA 01420

Office: (978) 342-3422

Fax: (978) 342-3426

dgboyle@bclawma.com

www.bclawma.com

Elements of Assault & Battery

The law recognizes two types of assault and battery: (a) Intentional Assault & Battery and (b) Reckless Assault & Battery. Here, at Boyle & Carbone, P.C., we can provide a unique defense and help prove your innocence when charged with Assault or Assault & Battery. In order to prove an intentional assault and battery the state must prove three elements beyond a reasonable doubt: (1) That the Defendant TOUCHED the person of the alleged victim without having any right or excuse for doing so; (2) That the defendant intended to touch the alleged victim; and (3) That the touching was EITHER likely to cause bodily harm to the alleged victim or was done without the consent of the alleged victim.
 


In order to prove an assault and battery by reckless conduct the state must prove two elements beyond a reasonable doubt: (1)That the defendant intentionally engaged in actions which caused bodily injury to the alleged victim. The injury must be sufficiently serious to interfere with the alleged victim's health or comfort. It need not be permanent, but it must be more than trifling. For example, an act that only shakes up a person or causes only momentary discomfort would not be sufficient. (2) The state must prove that the Defendant's actions amounted to reckless conduct. A person acts recklessly if he knew, or should have known, that his actions were very likely to cause substantial harm to someone, but he ran that risk and went ahead anyway. In other words, a swing and a hit is an assault and battery. A swing and a miss is an assault.

Assault alone does not require an actual contact but does require placing the victim in fear of an imminent touching. Again, many times this is based on the reasonable person test, which was discussed in previous blog posts. Set up a free consultation to speak to an experienced criminal defense attorney at Boyle & Carbone, P.C. today.

What is probable cause?

The test as to whether an arresting officer has “probable cause” is one of reasonableness. In order to make an arrest an officer must have knowledge through facts or circumstances that a crime has occurred. Oftentimes, probable cause is a big issue in criminal cases and here at Boyle & Carbone, P.C., we fight to make sure that police were following the rules. What is characterized as probable cause may just be a mere suspicion and it is important to retain counsel that can decipher that.

Remember, an officer must have probable cause at the time of arrest. If you arrested and it is based on a suspicion, then your arrest was likely unlawful. For instance, if an arrest for drug possession is subject to laboratory testing because police were not sure of what the substance seized was, then probable cause did not exist at the time of arrest. These procedural issues can be daunting which is why it is very important to speak with an experienced and competent Defense Attorney. Schedule your free consultation today by calling (978) 342-3422.

Contact Information

Nicholas Carbone

Attorney at Law

Boyle & Carbone, P.C.

625 Main Street

Fitchburg, MA 01420

Phone: (978) 342-3422

Fax: (978) 342-3426

njcarbone@bclawma.com

www.bclawma.com

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