Assault and Battery Lawyer for MA
Being arrested for assault and battery puts you on a timeline you may not fully understand yet. The decisions you make in the first 48 hours can affect your release conditions, your court record, and your defense options down the road.
What Massachusetts Law Charges You With
Assault and battery in Massachusetts is governed by M.G.L. c. 265, § 13A. A basic charge can carry up to 2½ years in a house of correction or a fine of up to $1,000. If the alleged contact caused serious bodily injury, involved a pregnant victim, or was directed at someone protected by a restraining or no-contact order, the exposure jumps to up to 5 years in state prison and a fine of up to $5,000.
The statute also distinguishes between intentional and reckless conduct. Those two theories require the Commonwealth to prove different elements, which means the defense approach may differ significantly depending on which one prosecutors pursue.
What Happens at Arraignment
Under Massachusetts Rule of Criminal Procedure 7, if you are arrested and not released, you must be brought before a court as soon as it is in session.
Arraignment is where the charge is formally read, a plea is entered, and bail or release conditions are addressed. Whatever conditions a judge imposes at this stage can affect where you can live, who you can contact, and whether your employment continues without interruption. And because Massachusetts creates a CORI record at arraignment, not just at conviction, an arrest alone can show up in criminal record checks for employment and housing purposes.
Bail, No-Contact Orders, and the Rules That Apply Immediately
If the arrest involves a domestic or family situation, M.G.L. c. 276, § 58 may delay your release. Massachusetts law holds adults arrested on certain abuse-related assault charges for at least 6 hours before bail is available. Only a judge in open court can override that window. In more serious cases, the Commonwealth may file a motion under M.G.L. c. 276, § 58A seeking pretrial detention based on dangerousness.
Once released, follow every condition exactly. That means no-contact orders, stay-away terms, alcohol restrictions, and any geographic limits. Violating a condition, even to apologize or explain yourself to the other person, can create a separate criminal charge while the original case is still pending.
Protect Your Defense From Day One
Do not speak to the police about the facts of the case without a lawyer present. Beyond that, start preserving anything that might be relevant, such as text messages, call logs, photos, security camera locations, receipts, or the names of people who were there.
At Riccio Law, we represent people facing assault and battery charges in Boston Municipal Court and Suffolk County Superior Court. If you or someone you know has been arrested, reach out to us at (617) 404-8878 as early in the process as possible.
If you are facing assault and battery charges in Massachusetts, working with an experienced Boston criminal lawyer can make the difference between building a strong, strategic defense. Contact a criminal lawyer today.
