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Violent crimes

c. 265 s. 13A(a) Assault

c. 265 s.13A(a) Assault and Battery

c. 265 s. 13M(a) Assault and Battery on a Family or Household Member (domestic violence)

c. 265 s. 15A(b) Assault and Battery with a Dangerous Weapon

c. 265 s. 13D Assault and Battery on a Police Officer

c. 265 s. 15B(b) Assault with a Dangerous Weapon

c. 265 s. 13K (a) Assault and Battery on an Elderly or Disabled Person

c. 265 s. 13A(b)(2) Assault and Battery Causing Serious Bodily Injury

c. 265 s. 13A(b)(2) Assault and Battery on a Pregnant Victim

c. 265 s. 13J(b) (1) Assault and Battery on a Child Causing Injury


Being accused of a violent crime can carry life-long implications. The charges will go on your criminal record, and your only chance to ensure that your reputation and livelihood can be protected is to aggressively fight the charges. A seasoned defense attorney can litigate multiple pretrial motions to bolster your defense and level the playing field before trial. Attorney Chin will critique the government's evidence to make certain that you were treated fairly during the investigation. It is critical to retain legal representation that is experienced with questioning witnesses and digging for the truth.

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Misdemeanor convictions for simple assault or simple assault and battery can result in a jail sentence of up to two and a half years. The legislature and the courts enhance charges to felonies if the alleged victim is elderly, disabled, pregnant, a child, or is part of any other specialized category. The assault and battery charge will also be upgraded to a felony if the allegation is the violent act was committed with a dangerous weapon. For felony assault and battery, there is the potential that you may serve committed time in a Massachusetts State Prison in excess of two and a half years. Hiring an attorney who understands the small nuances between the basic assault and battery crime versus these enhanced violent crimes could make the difference for you.

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In addition, the Massachusetts Armed Career Criminal law interprets certain violent convictions as a qualifier for enhanced minimum mandatory sentences if you are charged with another crime in the future. That means that a prior violent conviction could mean you serve prison sentences of at least three, ten, or fifteen years. 


A conviction for a violent offense could be detrimental to your employment prospects, and those employers will judge you based on your criminal past. It is essential to have an attorney who can assess the strength of your case and ensure that you receive the best possible outcome to protect your life and your future.


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Common Defenses to Violent Crime

  • The victim/witnesses lack credibility.

  • The police investigation was incomplete or sloppily conducted.

  • Self-defense- the client was attacked first.

  • Defense of others- the client was protecting someone else. 

  • The government cannot prove the enhanced elements of the assault and battery.

  • The client did not know that the assaulted individual was part of a protected class. 

  • The client accidentally touched the alleged victim, so there was never an intentional assault and battery. 

  • The alleged victim consented to the alleged touching (example: consensual contact sports). 

  • The alleged touching was necessary to prevent a worse injury. 

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