Assault & Battery upon a Child
The crime of assault and battery upon a child is governed by Massachusetts General Laws Chapter 265 Section 13J. In order for someone to be convicted of assault and battery upon a child, the Commonwealth must prove beyond a reasonable doubt that:
- The individual committed an assault and battery
- The victim is a person under 14 years of age
- And the individual caused bodily injury to the victim
Bodily injury is defined as substantial impairment of the physical condition of the victim. Bodily injury includes most physical injuries that you can think of including burns, broken bones, injuries to organs, and injuries that result of repeated harm to any bodily function.
An individual who is convicted of committing an assault and battery upon a child can be sentenced to up to 5 years in the state prison or imprisonment in the house of correction for up to 2.5 years.
These sentences are increased for individuals who are convicted of committing an assault and battery upon a child that causes substantial bodily injury. Substantial bodily injury is bodily injury that creates a permanent disfigurement; protracted loss or impairment of a function of a body limb or organ; or creates a substantial risk of death. An individual who is convicted of causing substantial bodily injury can be sentenced to up to 15 years in the state prison or imprisonment in the house of correction for up to 2.5 years.
The statute also has special provisions to punish an individual, such as a parent or guardian, who has care and custody of a child that is assaulted. An individual who wantonly or recklessly allows bodily harm to occur to the child or who wantonly or recklessly allows another to commit an assault and battery which causes the child bodily harm can be sentenced to up to 2.5 years in the house of correction. If the individual who has care and custody of the child allows substantial bodily injury to the child, the punishment can be increased to up to 5 years in the state prison or up to 2.5 years in a jail or house of correction.
Assault & Battery Criminal Defense Representation at the law firm of Altman & Altman, LLP
For over 40 years, the Greater Boston Criminal Defense Law Firm of Altman & Altman, LLP has been providing outstanding legal representation to clients throughout the Commonwealth of Massachusetts. Our team of Assault & Battery defense attorneys is composed of seasoned litigators who will aggressively advocate on your behalf. The criminal defense lawyers at Altman & Altman have been featured as legal analysts on MSNBC, The Fox News Channel, The BBC Network and CourtTV.
At Altman & Altman, we understand that facing Assault & Battery charges in MA is often a frightening and confusing experience for those involved. In order to give you peace of mind, our experienced assault and battery defense attorneys will outline all of your options and will fully explain your legal rights. Our skillful team of Boston Assault & Battery Lawyers will stand by your side throughout the entire process to help you navigate these difficult waters.
If you are facing criminal charges of Assault and Battery Upon a Child, please contact the criminal lawyers at Altman & Altman to schedule a Free & Confidential Initial Consultation with one of our MA criminal attorneys. During this free initial meeting, our skilled Assault & Battery criminal defense attorneys will fully explain your legal options and will field any questions you may have. All consultations are completely confidential.
Our phones are answered 24 hours a day, 7 days a week. In addition to being available by phone around the clock, all emails sent to the firm receive an immediate response.