Cape Cod Assault & Battery Defense Attorney
Trial-tested defense for assault & battery charges in the Barnstable, Orleans, and Falmouth courts and across Massachusetts.
Assault and battery charges often grow out of a single chaotic moment: a fight, a misunderstanding, a night that got out of hand. The accusation, though, can carry lasting consequences, and the version of events the police wrote down is rarely the whole story.
I defend assault and battery cases throughout Cape Cod with a careful, evidence-driven approach, because these cases frequently come down to credibility, self-defense, and what witnesses actually saw.
What “assault and battery” actually means
In Massachusetts, an assault is an attempted or threatened battery, while a battery is an intentional, unjustified touching, however slight. You do not have to cause an injury to be charged. Because the bar is low, context and intent do enormous work in these cases, and that is where the defense lives.
Self-defense and defense of others
Massachusetts law recognizes your right to defend yourself and others. If you used reasonable force because you reasonably feared harm, that is a complete defense, and the Commonwealth must disprove it beyond a reasonable doubt. I build self-defense cases with witness statements, scene evidence, and the physical facts of who did what first.
When the alleged victim does not want to proceed
Many of these cases involve people who know each other, and the complaining witness sometimes does not wish to go forward. That does not automatically end the case, because the decision belongs to the prosecutor, but it can change the leverage substantially. I know how to use these dynamics responsibly and ethically to your advantage.
FAQ: Assault & Battery
Common questions and answers regarding assault & battery charges in Massachusetts.
Can assault and battery charges be dropped if the victim doesn’t want to press charges?
Not automatically. In Massachusetts the Commonwealth, not the alleged victim, decides whether to prosecute. That said, an uncooperative or unavailable witness can make the case much harder to prove, and I know how to use that. Several of my dismissals came when the alleged victim did not appear.
What is the difference between assault and assault and battery?
Assault is an attempt or threat to use force, no contact required. Assault and battery adds an actual harmful or offensive touching. Both are charged under c. 265, § 13A, but the facts and defenses differ.
Will an assault charge show up on a background check?
A conviction will appear on your Massachusetts CORI. That is why outcomes like a dismissal or a continuance without a finding matter so much: they can keep your record clean and keep the charge from following you to jobs and housing.
Let's Talk About Your Case Today
Your first consultation is free and completely confidential. Tell me what happened, and I'll tell you honestly where you stand and what your options are.