Being charged with assault and battery in Massachusetts is frightening, especially if you have never been in trouble before. Foglia & Associates helps people in Framingham, Worcester, Milford, Natick, Marlborough, and across Massachusetts protect their record, their freedom, and their future. Our attorneys have decades of experience dealing with crimes of violence of all types and severity. We pride ourselves in our ability to combine unique insight as former prosecutors with over 25 years of successful criminal defense experience to provide a comprehensive and strategy representation for our clients
If you’ve been charged with assault and battery, domestic violence charges or similar violent crimes, it is important to understand the charges against you and the possible penalties you face. You also need to know what your options are and how to best protect your rights.
Common types of Assault and Battery and other crimes of violence
Assault and assault and battery charges can come in many aggravated forms. Attorneys at Foglia & Associates represent individuals in the MetroWest area and beyond facing charges, including:
- Simple assault or assault and battery (misdemeanors)
- Assault or assault and battery with a dangerous weapon (felonies)
- Aggravated assault and battery causing serious bodily injury (felony)
- Assault and battery on a family or household member (domestic violence – misdemeanor)
- Assault and battery on a child with injuries, a pregnant person, an elderly person, or other special victim types (more serious)
- Assault and battery aggravated by other factors, such as for the purpose of collecting a debt
Prosecutors take these charges very seriously because they are considered crimes against the person. You will need a serious and dedicated attorney to represent you. Cases often start in local District Courts that serve communities like Framingham, Natick, Marlborough, Milford, and Worcester. Under certain circumstances, involving specific violent crimes, serious facts and/or injuries, and/or an offender with an extensive criminal history, cases may be indicted and prosecuted in the Superior Court. Superior Court prosecution carries the possibility of being sentenced to state prison. These cases should be defended by the most experienced and skilled attorneys.
Our attorneys honed their skills by prosecuting the most serious offenses at both the District and Superior Courts prior to joining Foglia & Associates. We bring expertise from both sides of the courtroom to successfully defend domestic violence accusations and other serious crimes of violence. Our tough, determined approach has led to many acquittals, dismissals and other favorable results.
Since 1993
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What happens right after an assault and battery arrest in Framingham and other Massachusetts courts?
After an arrest, you are usually brought to the police station for booking. Depending on the charge, the next step is to be brought to the local district court for an arraignment, often the next business day.
At arraignment, the judge will enter a plea of not guilty. The judge will consider whether setting bail and/or conditions of release are appropriate and schedule your next court date. Conditions of release could include stay-away and no-contact orders, and the use of a Global Positioning System (GPS) device. Upon the prosecution’s request, if you are charged with certain offenses, for example involving domestic violence, the judge may even consider whether holding you without bail is appropriate.
Judges in courts across Massachusetts, including those serving Framingham, Natick, Marlborough, Milford, and Worcester, look at several factors when making early decisions about someone’s pre-trial liberty. Factors such as the type of crime charged, the offender’s criminal history, the police report and other available evidence, and any claims of domestic violence are very important. The judge’s decisions at arraignment may stay with you for the duration of your case.
We understand how being held on, or without, bail, pending the resolution of a case can affect someone’s life and their ability to work and earn an income for themselves and their families. We understand how cumbersome conditions of pre-trial release can be. Our attorneys at Foglia & Associates are highly persuasive when arguing at this early, but critical stage of your case.
What are the possible penalties for assault and battery in Massachusetts?
Even a first‑time simple assault and battery charge can lead to up to 2.5 years in the house of correction and a criminal record that may follow you for years upon conviction.
Felony versions, such as assault and battery with a dangerous weapon or various forms of aggravated assault and battery, can expose you to state prison time and stricter probation terms.
Where probation is imposed, conditions will be ordered that may include fines, stay‑away orders, and various evaluations where appropriate (such as mental health evaluations). Completion of programs, such as anger management may be ordered by the court. In certain settings, such as domestic violence (as in a charge of Assault and Battery on a Family/Household Member), completion of an Intimate Partner Abuse Education Program (IPAEP) must be imposed. Such programs are expensive and lengthy.
Because domestic‑violence‑related assault and battery can also trigger Department of Children and Families (DCF) involvement when children are present or nearby, your family life can also be impacted.
For many people, convictions on violent crimes could affect employment. For non-citizens, immigration consequences may also be severe, with potential deportation and denial of naturalization.
Why choose Foglia & Associates to defend you?
Our expert attorneys at Foglia & Associates come prepared to defend your rights. As former prosecutors, we know how the prosecution investigates these cases, and we know where to focus our defense.
Many crimes of violence, especially domestic violence related charges, rely heavily on witness credibility, memory, and ability to perceive what happened. Our team has vast experience in preparing witnesses for testimony, directing their testimony while on the witness stand, and effectively challenging opposing witness testimony. We’ve done it on both sides of the criminal bar (prosecution and defense), and we will do it effectively in your case.
With longtime former prosecutor, Attorney Radu Brestyan, on the team, Foglia & Associates has a unique insight into how police work on violent cases. We use this insight when tailoring a defense specific to your case. Our defense team approach combines Attorney Brestyan’s expertise with Attorney Michael Foglia’s vast experience, successfully representing clients over the course of over 25.
Since 1993
Bilingual Customer Service (PT / ES / EN / HE / RO)
Personal Injury and Criminal Defense Lawyers
Frequently asked questions about assault and battery charges in Massachusetts
1. What is the difference between “assault” and “assault and battery” in Massachusetts?
Assault is either an attempt to use some degree of physical force against another person or a demonstration of intent to use immediate physical force against them, without touching them, while assault and battery involves actual physical contact. The simple version of each charge is a misdemeanor
2. Will I go to jail for a first‑offense assault and battery?
Not every first‑offense assault and battery leads to jail, especially if there are no serious injuries and you have no prior record.
However, the maximum penalty for a simple assault and battery still includes up to 2.5 years in the house of correction, so the risk is real and should not be ignored.
3. What counts as a “dangerous weapon”?
A dangerous weapon can be something inherently dangerous, like a dagger or metallic knuckles, but it can also be an everyday object used in a way that can cause serious injury or death. For example, a shoe, a glass bottle, or even a phone could be treated as a dangerous weapon depending on how it was used.
4. Does the other person have to “press charges” for assault and battery to go forward?
No. Applications for criminal complaints can be filed by civilians but are most commonly filed by police. Application can be made with information obtained from sources other than a complaining witness. Once a criminal complaint is issued, the case belongs to the prosecutor. Even if the complaining witness wants to drop the case, the prosecutor can still decide to move forward if they believe there is enough evidence.
5. Can an assault and battery conviction be sealed in Massachusetts?
Many misdemeanor assault and battery convictions can be sealed after a waiting period if you meet the legal requirements and do not reoffend.
Sealing does not erase the case, but it can limit who can see it in many background checks.
6. How do assault and battery charges affect gun rights or firearm licenses?
A conviction for certain assault and battery offenses, especially those involving domestic violence or weapons, can affect your ability to hold or renew a firearm license.
Licensing authorities look closely at violent or weapon‑related offenses when deciding whether someone can lawfully own or carry a firearm.
7. What if alcohol or self‑defense played a role in the incident?
Alcohol is common in assault and battery cases, but being intoxicated does not automatically excuse criminal behavior. However, self‑defense or defense of another person can be strong legal defenses at trial in many cases.
8. How long does an assault and battery case usually take in district court?
Many cases take several months from arraignment to resolution because there are multiple pretrial dates, motion hearings, and negotiations.
If the case goes to trial, it can take longer, especially in busy courts serving communities like Framingham, Natick, Marlborough, Milford, and Worcester.
9. What should I bring to my first meeting with an assault and battery lawyer?
Bring any paperwork from the court or police, including charging documents, bail paperwork, and any orders, plus names and contact information for witnesses.
If you have photos, videos, text messages, or social‑media messages related to the incident, bring those as well so your lawyer can review them early.
10. Can a non‑citizen be deported for an assault and battery conviction in Massachusetts?
Certain assault and battery convictions, especially those involving domestic violence, weapons, serious injury, or certain victims can create immigration problems for non‑citizens, and lead to severe consequences.
If you are not a U.S. citizen, it is important to tell your lawyer immediately so they can factor immigration risks into your strategy. For information about your immigration circumstances, an immigration attorney should also be consulted.
