Assault and Battery Charges in Massachusetts Under G.L. c. 265, § 13A

A person charged with assault and battery in Massachusetts faces a misdemeanor charge under G.L. c. 265, § 13A. If the defendant is convicted, the possible penalties are up to two and one-half years in the house of correction or a fine of up to $1,000. Under the same statute, the charge is a felony when the alleged victim suffers a serious bodily injury, is pregnant, or holds a protective order against the defendant.

This page explains what the Commonwealth must prove, the felony versions of the charge, the defenses, and the ways these cases end. The page covers assault and battery between people who are not family or household members, such as a fight at a bar or a confrontation between neighbors. Assault and battery on a family or household member is a separate crime under G.L. c. 265, § 13M. The site’s page on assault and battery on a family or household member covers that charge.

Assault Under § 13A

Section 13A punishes an assault even when no one is touched. The Commonwealth can prove an assault in either of two ways. Commonwealth v. Porro, 458 Mass. 526, 530 (2010). Commonwealth v. Gorassi, 432 Mass. 244, 248 (2000).

The first way is an attempted battery. The Commonwealth must prove that the defendant intended to commit a battery, took an overt step toward committing the battery, and came reasonably close to doing so. The alleged victim does not have to know about the attempt. Porro, 458 Mass. at 530.

The second way is a threatened battery. The Commonwealth must prove that the defendant engaged in conduct that a reasonable person would recognize as threatening. The Commonwealth must also prove that the defendant intended to place the alleged victim in fear of an imminent battery and that the alleged victim perceived the threat. The alleged victim does not have to be afraid but must perceive the risk of an imminent battery. Porro, 458 Mass. at 530.

Assault and Battery Under § 13A

An assault and battery requires a touching. The Supreme Judicial Court has described three forms of the crime, which are harmful battery, offensive battery, and reckless battery. Commonwealth v. Eberhart, 461 Mass. 809, 818 (2012). Porro, 458 Mass. at 529.

A harmful battery is an intentional touching with such violence that bodily harm is likely to result. Consent is not a defense to a harmful battery. Commonwealth v. Burke, 390 Mass. 480, 481-483 (1983).

An offensive battery is an intentional touching, however slight, that the alleged victim did not consent to. The lack of consent is what makes the touching a crime. In an offensive battery case, the Commonwealth must prove beyond a reasonable doubt that the alleged victim did not consent. Burke, 390 Mass. at 482-483.

A reckless battery is a wanton or reckless act that results in a touching that causes physical injury. An unconsented touching without an injury is not a reckless battery. Porro, 458 Mass. at 529. Commonwealth v. Burno, 396 Mass. 622 (1986). The touching can also be indirect, such as a thrown object that strikes the alleged victim. Porro, 458 Mass. 526.

Penalties for a § 13A Conviction

If a defendant is convicted under § 13A(a), the possible penalties are up to two and one-half years in the house of correction or a fine of up to $1,000. Section 13A(a) sets no mandatory minimum sentence. A judge may impose probation or a fine instead of a jail sentence.

A judge may also continue the case without a finding under G.L. c. 278, § 18. If the defendant complies with the conditions set by the judge, the judge dismisses the case at the end of the continuance. The site’s page on continuances without a finding, pretrial probation, and diversion explains those dispositions.

Aggravated Assault and Battery Under § 13A(b)

Under § 13A(b), an assault or assault and battery is a felony in three situations. The first is an assault and battery that causes serious bodily injury. The second is an assault or assault and battery on a person the defendant knows, or has reason to know, is pregnant. The third is an assault or assault and battery on a person who the defendant knows holds a protective order against the defendant.

Section 13A(c) defines serious bodily injury as a bodily injury that has one of three results. The injury must cause a permanent disfigurement, a loss or impairment of a bodily function, limb, or organ, or a substantial risk of death. A bruise, a cut, or a black eye does not meet that definition unless the injury has one of those results.

If a defendant is convicted under § 13A(b), the judge may impose up to five years in state prison or up to two and one-half years in the house of correction. The judge may also impose a fine of up to $5,000, alone or with imprisonment. The pregnancy and protective order versions arise most often in domestic cases. The site’s page on Massachusetts domestic violence enhancements covers those versions in detail.

Assault and Battery on a Person Sixty or Older or a Person With a Disability

Assault and battery on an elder or on a person with a disability is a separate crime under G.L. c. 265, § 13K. Section 13K defines an elder as a person sixty years of age or older. Section 13K also covers a person with a disability. The statute defines that person as someone with a permanent or long-term impairment that prevents or restricts the ability to provide for the person’s own care or protection.

If a defendant is convicted under § 13K(a½), the judge may impose up to three years in state prison or up to two and one-half years in the house of correction. The judge may also impose a fine of up to $1,000, alone or with imprisonment. Because § 13K(a½) provides for a state prison sentence, a § 13K charge is a felony, even when the alleged victim suffered no injury.

The penalties increase with the injury. If the assault and battery caused bodily injury, a defendant convicted under § 13K(b) faces up to five years in state prison. If the assault and battery caused serious bodily injury, a defendant convicted under § 13K(c) faces up to ten years in state prison and a fine of up to $5,000. Section 13K defines bodily injury as a substantial impairment of the physical condition, such as a burn, a broken bone, or an injury to an internal organ.

Assault and Battery on a Police Officer or Other Public Employee

Assault and battery on a public employee who is performing official duties is a separate crime under G.L. c. 265, § 13D. The basic offense is a misdemeanor. If a defendant is convicted, the possible penalties are ninety days to two and one-half years in the house of correction, a fine of $500 to $5,000, or both. The site’s page on assault and battery on a police officer or public employee covers the elements, the 2026 amendment, the felony versions, and the defenses.

Related Assault Charges

Assault and battery by means of a dangerous weapon is a separate crime under G.L. c. 265, § 15A. Prosecutors bring a § 15A charge when the alleged assault involved a knife, a bottle, a shod foot, or another object used as a weapon. The site’s page on assault with a dangerous weapon and assault and battery with a dangerous weapon covers that charge.

Assault and battery on a child under fourteen is also a separate crime, under G.L. c. 265, § 13J. Unlike § 13A, § 13J requires proof that the assault and battery caused bodily injury to the child. For a comparison of the simple and domestic versions of the charge, see the site’s page on simple assault and battery and domestic assault and battery.

Self-Defense

A person may use nondeadly force in self-defense. A defendant is entitled to a self-defense instruction when the evidence supports three facts. The defendant had a reasonable concern for personal safety, used all reasonable means to avoid physical combat, and used no more force than was reasonable in the circumstances. Commonwealth v. King, 460 Mass. 80, 83 (2011).

Once the evidence at trial supports a self-defense instruction, the Commonwealth must prove beyond a reasonable doubt that the defendant did not act in self-defense. The Commonwealth meets that burden only by proving that at least one of the three facts was absent. King, 460 Mass. at 83. Commonwealth v. Glacken, 451 Mass. 163, 167 (2008).

When the witnesses dispute who started the fight, the defendant may offer evidence of the alleged victim’s past violent acts. Commonwealth v. Adjutant, 443 Mass. 649 (2005). The site’s pages on self-defense in Massachusetts and on Adjutant evidence explain these rules.

Other Defenses to Assault and Battery

In an offensive battery case, the lack of consent is an element that the Commonwealth must prove beyond a reasonable doubt. The defense can therefore present evidence that the alleged victim consented to the touching. Consent, however, is not a defense to a harmful battery.

The Commonwealth must also prove that the defendant intended the touching or acted recklessly. An accidental contact is not an intentional battery. An accidental contact that caused no physical injury is not a reckless battery either.

In many assault and battery cases, the witnesses disagree about who did what. The defense examines each witness’s account against the 911 call, the police report, photographs, medical records, and any surveillance or cell phone video. When the Commonwealth’s evidence is insufficient to prove every element beyond a reasonable doubt, the judge must enter a required finding of not guilty on the defendant’s motion.

The Clerk-Magistrate Hearing

In many assault and battery cases, the police do not arrest anyone. The police instead apply to the court for a criminal complaint. Under G.L. c. 218, § 35A, a person accused of a misdemeanor who was not arrested ordinarily receives notice and a hearing. At the hearing, a clerk-magistrate decides whether to issue a complaint.

The clerk-magistrate first decides whether probable cause supports the charge. A clerk-magistrate who finds probable cause may still decline to issue the complaint. Victory Distributors, Inc. v. Ayer Div. of the Dist. Court Dep’t, 435 Mass. 136, 142 (2001). When no complaint issues, no criminal case is filed and no arraignment occurs. The site’s page on clerk-magistrate hearings explains the hearing. The case results page also reports assault and battery applications that ended with no complaint.

Resolving a § 13A Case Without a Conviction

A § 13A case can end without a conviction in several ways. The Commonwealth may dismiss the charge or file a nolle prosequi. A judge may dismiss the complaint on a motion. The site’s page on how criminal cases get dismissed explains those motions.

Assault and battery on a stranger or an acquaintance can also end by accord and satisfaction under G.L. c. 276, § 55. The alleged victim appears in court and acknowledges in writing that the alleged victim has received satisfaction for the injury. The judge then has discretion to dismiss the complaint. Section 55 does not apply to an assault and battery on a police officer, a violation of a protective order, or a charge under § 13M or § 15D.

A judge may also place the defendant on pretrial probation under G.L. c. 276, § 87, or continue the case without a finding. When the evidence does not support the charge, the defendant may instead take the case to trial before a judge or a jury.

Records, Firearms Licenses, and Immigration

A person convicted of a misdemeanor may petition the Commissioner of Probation to seal the record three years after the case ended, under G.L. c. 276, § 100A. The waiting period includes any time in custody. A case that ended in a dismissal, a nolle prosequi, or a not guilty verdict can be sealed under different rules. The site’s page on sealing a Massachusetts criminal record explains both.

Under G.L. c. 140, § 121F, a person ever convicted of a misdemeanor punishable by more than two years in prison is a prohibited person for a firearms license. The maximum sentence for a § 13A conviction is two and one-half years. A person convicted under § 13A therefore cannot hold a license to carry. For a firearm identification card, the prohibition under that clause lasts five years after the conviction or the end of the sentence, whichever is later.

The site’s page on a criminal record and a firearms license application covers those questions.

A person who is not a United States citizen should speak with an immigration lawyer before resolving an assault and battery charge. A conviction or a continuance without a finding is the usual risk. An immigration officer may also ask about the arrest or about the conduct described in the police report. An immigration lawyer should review the exact question, the person’s status, and the court record before the person files an application or attends an interview. The site’s immigration consequences pages explain the federal rules.

Representation in Assault and Battery Cases

Attorney Joe Serpa represents people charged with assault and battery in the district courts and the Boston Municipal Court. He represents clients at clerk-magistrate hearings, at arraignment, and at trial. Contact Serpa Law Office at 617.936.0201 for a confidential consultation.

Frequently Asked Questions

Related Serpa Law Office Resources

• Assault With a Dangerous Weapon and Assault and Battery With a Dangerous Weapon in Massachusetts
• Self-Defense in Massachusetts
• What Happens at a Massachusetts Clerk-Magistrate Hearing
• Disorderly Conduct and Resisting Arrest in Massachusetts
• Massachusetts Domestic Violence Enhancements: Charges and Defenses
• Sealing and Expunging a Massachusetts Criminal Record