What Qualifies as Assault in Massachusetts?
Being accused of any crime is an unnerving experience and one that will likely lead you to retain a Maryland criminal defense attorney immediately. However, the stakes may be higher when you are accused of assault and you believe that you are not guilty of perpetrating an assault at all. The right attorney can help you with this difficult situation and give you a better sense of what is involved in protecting yourself.
When another person accuses you of assault, you might assume that justice will prevail because you are not guilty, however, without presenting a compelling defense immediately, you may be at risk of these serious consequences. Massachusetts has potential penalties for the charge of assault or assault and battery with up to two years in jail and a $1000 fine.
Assault does not require evidence that you physically made contact with the alleged victim although assault and battery allegations in Massachusetts does require this. An attempted battery could also be classified as an assault.
If you throw something at another person but you miss hitting them, this could be considered an assault. If the item that you threw ultimately strikes the person, this is classified as assault and battery. Unless the alleged assault and battery took place in front of a police officer, you cannot be arrested for this offense and you are entitled to a clerk’s hearing before any official charges can be lodged against you. This is a great opportunity to get statements from the alleged victim what he or she believes things happened. This could prove pertinent to your criminal defense.
Many people don’t realize that threatening someone or appearing to put them in imminent danger even without physical contact could qualify as a crime. If you’re in a situation that is getting more heated, the other party may try to provoke you into saying or doing something that could impact your future. How you respond could make a major difference in your ability to protect your freedom. If you’ve already been accused of assault, you need a lawyer who can help you as soon as possible.