Assault & Battery

At Marcotte Law Firm in Lowell, Massachusetts, we provide compassionate and aggressive representation to individuals who have been charged with assault and battery. Our assault defense lawyers have more than 150 years of combined legal experience and know-how to build a sound defense for all of your criminal charges.

For a free consultation with one of our Lowell assault and battery lawyers, call us at (978) 458-1229 or contact our law firm online.

An assault and battery are actually two different crimes. A battery is inappropriate physical contact without the other person’s consent. A battery could be as aggressive as a punch to the face during a barfight or might be as unsuspecting as grabbing someone by the chin during a verbal argument.

An assault is a related concept and falls into one of two categories: (1) an attempted battery, or (2) intentionally putting someone else in a fear of an immediate injury to their body. The first category is known as the “swing and a miss” assault.

The second type of assault is an outward threat to hurt someone right then and there. An example would be holding a baseball bat, slapping it in their hands, saying “I’m going to teach you a lesson.”

Assault and battery charges are serious matters that need the attention of a skilled attorney. We have helped many individuals in the Lowell and Andover areas with their violent crime charges involving:

• Bar fights
• Threatening statements
• Harassing phone calls
• Intentional hit-and-runs
• Sexual assault
• Disturbing the peace
• Domestic violence

We provide sound legal advice and aggressive criminal defense to our clients. We will conduct a full investigation of your case and fight the prosecution at every turn.

Couples fight. It is a truth about being married to someone. The world is a stressful place and people bring their baggage home. A stressful day can lead to a fight at home. If a verbal altercation turns physical, even if there is only the slightest touch, a battery may have occurred. At the touch of a phone, the police are called and are then at your door looking for answers.

There is a special and unique crime when the assault or battery is inflicted at home. Under M.G.L. c. 265 Section 13M, the Prosecutor will have to prove the defendant and the complaining witness were “family or household members.”

Many of the cases we see of assault and battery fall into this category and are often between spouses. In a lot of those cases, the couple has already reconciled and seeks to mend their relationship. However, that does not mean the Commonwealth is going to just dismiss the case. Reality is far from this.

Even if the victim tells the Prosecutor they do not want to “press charges,” it is up to the Commonwealth whether they will dismiss the charges and they rarely will do so. However, the victim spouse may invoke their “marital privilege,” which once invoked, prohibits the court from requiring the spouse to testify against the defendant spouse. Even if the prosecutor wants them to do otherwise.

Assault and battery charges can be more serious when family members or loved ones are involved. These types of cases almost always involve restraining orders or orders for protection. The consequences of these court orders can be severe if not handled properly. You can rely on our domestic violence team to provide you with a tenacious defense against your charges and work to obtain the best results possible.

The marital privilege does not apply to children-parent or unmarried couple relationships. Meaning, the Commonwealth can compel the victim to testify against the defendant by subpoena even when the victim objects to testifying.

However, there is a Fifth Amendment privilege that may allow for the victim to opt not to testify. The Fifth Amendment of the U.S. Constitution and Article 12 of the Massachusetts Declaration of Rights prohibit someone from having to incriminate themselves in a court.

It is important because it means that if the victim committed a crime during the alleged assault or battery that occurred they cannot be required to testify about that event. It allows for the victim to elect not to testify if they let’s say hit their unmarried partner during the fight in question.

There are other ways of resolving a criminal case without trial. However, you can see the law is complicated and nuanced. You need a tenacious advocate on your side.

To schedule a free consultation regarding your assault and battery defense, contact our law firm online or call us at (978) 458-1229.

Our paralegals are fluent in Spanish.