Aggravating Factors
An assault and battery can be aggravated in a number of different ways. In addition to assault and battery on a public employee (ie. a police officer) and assault and battery on a person over 65 years of age, the penalty for an assault and battery can be increased based on the victim being a member of one of the following classes of persons:
- Someone suffering permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death as a result of the assault and battery,
- Someone the defendant knew was pregnant at the time, or
- Someone the defendant knows has an outstanding temporary or permanent vacate, restraining or no contact order, or certain judgments pursuant to a domestic relations matter (divorce)
Felony Offense
If any of the above elements are alleged and proven, the assault and battery is treated as a felony, and the penalty is increased to up to two and a half years in the jail or up to five years in state prison. As with any felony charge, you should should always consult an attorney and plan on fighting the case.
As with regular assault and battery charges, the actual penalty that might be imposed is based on the facts of the case and the defendant's criminal history. Contact me to review the facts and find out what kind of penalty might be imposed in your case, and how best to mount a defense to the charge.
See: G.L. c. 265 s. 13A; Assault and Battery, Assault and Battery on Police Officer.