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Assault, Assault and Battery, and Domestic Assault and Battery in Massachusetts
A person can be charged with assault in Massachusetts without touching anyone. G.L. c. 265, § 13A and G.L. c. 265, § 13M each punish two separate crimes, assault and assault and battery. An assault is an attempt to strike another person, or a menacing act that puts another person in fear of being struck immediately, with no physical contact. An assault and battery is a touching that is harmful, or a touching that is offensive because the other person did not consent to it. The same distinction applies under both sections. Section 13A covers an assault or an assault and battery on any person. Section 13M covers an assault or an assault and battery on a family or household member, as § 13M(c) defines that relationship. The Commonwealth brings a § 13M charge in most Massachusetts domestic violence cases.
Section 13M adds the relationship as an element the Commonwealth must prove. A defendant convicted under § 13M faces a fine of up to $5,000, instead of the $1,000 maximum under § 13A, and up to five years in state prison on a second or subsequent offense. The judge must also order a defendant convicted under § 13M, or whose § 13M case is continued without a finding, to complete an intimate partner abuse education program, with two statutory exceptions.
A reduction from § 13M to § 13A can change the charge and some consequences, but immigration, firearms, protective-order, licensing, or record issues may remain after the reduction. Each issue depends on the precise offense, the disposition, the underlying relationship, and any related court order. This page explains the differences between a § 13A charge and a § 13M charge. The Massachusetts domestic-violence defense page addresses the broader criminal and civil process. The § 13M page covers the family or household member charge in full.
What Is the Difference Between Simple and Domestic Assault and Battery?
| Issue | G.L. c. 265, § 13A(a) | G.L. c. 265, § 13M |
|---|---|---|
| Conduct | Assault or assault and battery | The same assault or assault and battery, plus the relationship element |
| Required relationship | No special relationship | Spouses or former spouses, people with a child in common, or people in a current or former substantive dating or engagement relationship |
| Ordinary first-offense maximum | Two and one-half years in a house of correction or a fine up to $1,000 | Two and one-half years in a house of correction, a fine up to $5,000, or both |
| Second or subsequent provision | No separate repeat-offense provision in § 13A(a) | Up to five years in state prison or two and one-half years in a house of correction |
| Certified program | Not required by § 13A(a) itself | Required for a violation or as a CWOF condition unless good cause is shown and the court makes written findings describing why intervention should not be ordered, or the program determines the defendant is unsuitable |
This page compares ordinary § 13A(a) and § 13M charges. Section 13A(b) separately covers assault and battery causing serious bodily injury, as well as assault and battery on a person the defendant knew or had reason to know was pregnant. Section 13A(b) also covers assault or assault and battery on a person the defendant knew was protected by a specified order then in effect. The firm’s page on domestic violence enhancements explains those aggravated charges. Other statutes apply when the Commonwealth alleges a dangerous weapon, strangulation, or another aggravating fact.
What Counts as Assault in Massachusetts?
Massachusetts recognizes attempted-battery and immediately-threatened-battery forms of assault. The current Superior Court model instruction on assault, issued in November 2025, uses the elements listed below.
- Attempted battery. The defendant attempted to use physical force against another person, specifically intended to cause bodily harm, and came reasonably close to causing the intended bodily harm. The other person need not have known about the attempt.
- Immediately threatened battery. The defendant intentionally committed an objectively menacing act, specifically intended to cause fear of immediate bodily harm, and caused the other person to experience that fear or recognize the immediate risk.
The District Court model instruction instead describes a battery as a harmful or unpermitted touching. The Superior Court instruction expressly notes the difference between the two instructions and states that no reported appellate decision has resolved whether an attempted or threatened nonharmful but offensive touching is enough for an assault. The elements therefore depend on the charging theory and the instruction the judge uses. Neither form of assault requires completed contact. Words can also give meaning to accompanying conduct.
What Counts as Assault and Battery?
Intentional Assault and Battery
For intentional assault and battery, the Commonwealth must prove an intentional touching that was harmful or offensive and occurred without legal right or excuse. A touching may be slight. Under a theory of nonharmful but offensive touching, lack of consent is what makes the touching offensive. The District Court model instruction for § 13A states the elements and the governing definitions.
Reckless Assault and Battery
Reckless assault and battery is different from accidental contact. The Commonwealth must prove that the defendant intentionally engaged in actions that caused bodily injury and that the conduct was reckless, not merely negligent. The injury must be sufficiently serious to interfere with the person’s health or comfort. Section 13M adds the qualifying relationship as another element when the charge involves a family or household member.
Who Is a Family or Household Member Under Section 13M?
For § 13M, “family or household member” means people who are or were married, have a child in common regardless of whether they married or lived together, or are or were in a substantive dating or engagement relationship. For a dating relationship, the factfinder considers its length and type, the frequency of interaction, whether either person ended it, and how much time has passed since it ended.
The § 13M definition of family or household member is narrower than the definition in G.L. c. 209A, § 1. Chapter 209A also includes people who live or formerly lived in the same household and people related by blood or marriage. Roommates or relatives may therefore qualify for a 209A restraining order (abuse prevention order) without satisfying § 13M(c). In a § 13M prosecution, the Commonwealth must prove the narrower criminal relationship beyond a reasonable doubt.
Penalties and the Intimate Partner Abuse Education Program
Ordinary assault or assault and battery under § 13A(a) is punishable by up to two and one-half years in a house of correction or a fine of up to $1,000. A first § 13M offense is punishable by the same maximum period of incarceration, a fine of up to $5,000, or both. Neither provision creates a mandatory minimum jail sentence for the ordinary first offense. A second or subsequent § 13M offense is a felony punishable by up to five years in state prison or up to two and one-half years in a house of correction.
Under § 13M(d), the judge must order the intimate partner abuse education program after a conviction or as a condition of a continuance without a finding. The judge is not required to order the program if the judge makes specific written findings of good cause or if the program determines that the defendant is unsuitable. Section 13A(a) contains no program requirement.
Can a Section 13M Charge Be Reduced to Section 13A?
A § 13M charge can sometimes be reduced to § 13A, but a reduction is not automatic. A reduction may reflect a dispute about the relationship element, an evidentiary problem, or a negotiated resolution. A § 13A disposition removes § 13M(c)’s relationship element and § 13M(d)’s statutory program provision from that count. A court may still impose other lawful conditions. Related orders or records may also remain.
Counsel should evaluate a reduction by its actual legal effects, not by the shorter charge name. The firm’s detailed § 13M defense page addresses the family-or-household-member charge itself.
Does a Reduction Eliminate Immigration or Firearm Consequences?
Immigration Consequences
No charge label is automatically safe for a noncitizen. Under the definition in 8 U.S.C. § 1101(a)(48)(A), federal immigration law generally treats a typical Massachusetts CWOF as a conviction because the defendant admits sufficient facts and the court imposes a penalty, restraint, or condition. The question whether a disposition is a deportable crime of domestic violence under 8 U.S.C. § 1227(a)(2)(E)(i) still depends on the offense elements or branch, the conviction record, and the qualifying relationship.
The domestic relationship need not appear as an element of § 13A for immigration authorities to examine it separately. A qualifying protection-order violation may create a separate removability ground under § 1227(a)(2)(E)(ii) when a court determines that the conduct violated the part of the order protecting against credible threats of violence, repeated harassment, or bodily injury.
Reducing a criminal count does not change a court’s separate determination that the conduct violated the protection order. A noncitizen defendant should review any proposed plea or CWOF with immigration counsel. The immigration consequences of Massachusetts charges and the CWOFs and other nontrial dispositions available are addressed separately.
Massachusetts and Federal Firearm Consequences
Current Massachusetts law treats a conviction for a misdemeanor punishable by more than two years as a firearm-licensing disqualifier. Ordinary § 13A(a) and first-offense § 13M(a) each permit a sentence of up to two and one-half years, so a conviction under either statute can be disqualifying under G.L. c. 140, § 121F(j). For an FID card based only on that provision, the statute limits disqualification to five years from the later of conviction or release from confinement, probation, or parole. Counsel must also analyze the same maximum sentence under the federal definition in 18 U.S.C. § 921(a)(20) and § 922(g)(1).
A qualifying misdemeanor domestic-violence conviction may create a separate federal prohibition under § 922(g)(9). Under United States v. Hayes, the underlying misdemeanor need not contain the domestic relationship as an element. The government may establish the relationship separately. The question whether a § 13A conviction qualifies therefore depends on the offense branch, the required force, the relationship, and the conviction record. The federal prohibition may still apply after a reduction.
Commonwealth v. Erler holds that a Massachusetts CWOF is not a conviction under current Massachusetts firearms law, although it may support an individualized licensing-unsuitability finding. Separately, under the federal definition in 27 C.F.R. § 478.11, the question whether a person was convicted depends on the law of the jurisdiction where the proceedings occurred. A typical Massachusetts CWOF therefore does not itself create a § 922(g)(9) conviction bar.
A current 209A restraining order or 258E harassment prevention order is independently disqualifying under § 121F while it remains in effect. The federal prohibition in § 922(g)(8) may also apply to a person subject to a qualifying order, but only when the federal requirements are met.
The federal requirements include actual notice and an opportunity to participate, a protected intimate partner or child, qualifying restraining terms, and either the required credible-threat finding or the specified force prohibition. Section 3B and Section 3C separately govern court-ordered license suspension and firearm surrender. Neither section requires surrender as an automatic consequence of criminal arraignment alone. The firm’s Massachusetts firearms page addresses licensing and possession in more detail.
CORI, the Domestic-Violence Record, Sealing, and Expungement
Police involvement may create incident, arrest, booking, or fingerprint records. Massachusetts CORI ordinarily begins at arraignment. A separate process applies under G.L. c. 276, § 56A. The Commonwealth files a preliminary written statement when it alleges Chapter 209A abuse in connection with the charged crime. The judge then makes a preliminary written ruling. The preliminary written statement is entered in the statewide domestic violence record keeping system, not in CORI or the public court file.
Section 56A requires removal of the preliminary written statement after a not-guilty finding, a no bill, or a finding of no probable cause. The statement is not eligible for removal under § 56A after a dismissal. The statement in the domestic violence record keeping system does not depend on the charge label. A § 56A statement can accompany a § 13A case when abuse is alleged. The firm’s domestic-violence records page distinguishes the police file, CORI, § 56A records, and the civil restraining-order registry.
G.L. c. 265, § 13N creates a separate record consequence after certain misdemeanor convictions. The record consequence applies to a misdemeanor that has as an element the use or attempted use of physical force or the threatened use of a deadly weapon.
For such a misdemeanor, the court must determine whether the victim or intended victim was a family or household member under Chapter 209A. A court that finds a family or household relationship must enter the offense and relationship in the records and forward the entry to DCJIS for the criminal justice information system and for federally permitted or required NICS reporting.
Section 13N uses Chapter 209A’s broader relationship definition, not the narrower definition in § 13M(c). A reduction to § 13A therefore does not by itself prevent a domestic-relationship record finding. The record finding still depends on the elements of the misdemeanor for which the conviction entered. Describing the incident as domestic is not enough for the record finding.
Ordinary § 13A(a) and first-offense § 13M(a) are misdemeanors. A qualifying record may become eligible for ordinary sealing after the three-year period and the other conditions in G.L. c. 276, § 100A. Section 13M is excluded from ordinary time-based expungement by § 100J, although § 100K preserves narrow cause-based expungement grounds for records produced by specified errors, identity misuse, or fraud. Sealing CORI does not erase every other record.
Can the Case Continue if the Complaining Witness Does Not Testify?
The case can continue if the Commonwealth has other admissible evidence sufficient to prove every element. A 911 recording, body camera video, medical evidence, photographs, or another witness each presents a separate evidentiary question. An excited utterance must satisfy Massachusetts Guide to Evidence § 803(2). The judge must also conduct the statement-by-statement Confrontation Clause analysis. A married complaining witness may refuse to testify under G.L. c. 233, § 20. The same rules apply under § 13A and § 13M. The § 13M page, the excited utterance and recantation page, and the spousal privilege FAQ explain each rule.
Defenses to Sections 13A and 13M
The Conduct Does Not Meet the Charged Theory
Under the current Superior Court model, the Commonwealth must prove attempted physical force, specific intent to cause bodily harm, and reasonable proximity to establish an attempted-battery assault. To establish a threatened-battery assault, the Commonwealth must prove an objectively menacing act, intent to cause fear of immediate bodily harm, and resulting fear or recognition of risk. The District Court formulation differs as explained above. Evidence of an accident, ambiguous movement, remote threat, or unintended contact may be insufficient for different reasons, depending on the theory charged.
The Section 13M Relationship Is Not Proved
The Commonwealth must prove a relationship specified in § 13M(c). Shared residence, a blood relationship, an in-law relationship, or social acquaintance alone does not establish the relationship element. The substance and duration of an alleged dating or engagement relationship are factual questions governed by the statutory factors.
Self-Defense
Self-defense applies the same way under § 13A and § 13M. The Commonwealth must prove beyond a reasonable doubt that the defendant did not act in self-defense once the evidence fairly raises the issue. The judge may admit specific violent acts by the complainant under Commonwealth v. Adjutant when the identity of the first aggressor is disputed. The Commonwealth may then rebut with the defendant’s own violent acts. The firm’s Massachusetts self-defense page explains the elements and the notice rules.
Preparing a Defense
Counsel should begin by reviewing the exact complaint language and the prosecution’s theory. Counsel should identify the alleged assault or battery branch, test the § 13M relationship evidence, preserve recordings and messages, and examine every out-of-court statement separately. Before recommending a disposition, counsel should also account for related release, 209A restraining order, firearms, immigration, licensing, and record issues.
Serpa Law Office represents people charged with assault, assault and battery, and assault or assault and battery on a family or household member in the Massachusetts District Court, Boston Municipal Court, and Superior Court. Call 617-936-0201 or use the contact form to request a confidential consultation.
A person who has been falsely accused should read the firm’s page on defending a false accusation of domestic violence in Massachusetts, which explains how counsel proves bias and motive.
Common Questions About Assault and Assault and Battery in Massachusetts
Can you be charged with assault in Massachusetts without touching someone?
Assault in Massachusetts requires no physical contact. The Commonwealth can prove an assault by showing that the defendant attempted to strike another person and came reasonably close, or that the defendant made a menacing gesture that put the other person in fear of being struck immediately. The same rule applies to an assault charge under G.L. c. 265, § 13A and to an assault on a family or household member under G.L. c. 265, § 13M.
What is the difference between assault and assault and battery in Massachusetts?
An assault is an attempted or threatened strike with no physical contact. An assault and battery is a completed touching that is harmful, or offensive because the other person did not consent to it. Both crimes appear in the same statute, G.L. c. 265, § 13A for any person and G.L. c. 265, § 13M for a family or household member, and both are punishable by up to two and one-half years in the house of correction.
What is the difference between simple assault and battery and domestic assault and battery?
The physical act is the same. Domestic assault and battery under G.L. c. 265, § 13M also requires proof that the defendant and the other person are family or household members, such as spouses, former spouses, people who have a child together, or people in a substantive dating relationship. A defendant convicted under § 13M faces a fine of up to $5,000 instead of $1,000, a court order to complete an intimate partner abuse education program, and a felony penalty for a second offense.
Is domestic assault and battery a felony in Massachusetts?
A first offense under G.L. c. 265, § 13M is a misdemeanor, punishable by up to two and one-half years in the house of correction, a fine of up to $5,000, or both. A second or subsequent offense is a felony, because the judge may impose up to five years in state prison.
Can a domestic assault and battery charge be reduced to simple assault and battery?
A § 13M charge can sometimes be reduced to § 13A, but a reduction is not automatic. The reduction removes the relationship element and the mandatory program from that count. Immigration, firearms, protective order and record consequences may remain after the reduction, so counsel should evaluate the actual effect of the reduced charge before the client accepts it.
Can the case go forward if the alleged victim does not want to press charges?
The case can go forward. The Commonwealth, not the alleged victim, decides whether to prosecute an assault or assault and battery charge. When the alleged victim will not testify, the Commonwealth may still try the case with other admissible evidence, such as a 911 recording, body camera video, photographs, medical records or another witness.
What is the penalty for simple assault and battery in Massachusetts?
A defendant convicted of assault or assault and battery under G.L. c. 265, § 13A(a) faces up to two and one-half years in a house of correction or a fine of up to $1,000. The statute sets no mandatory minimum sentence. A judge may instead continue the case without a finding or place the defendant on probation. Assault and battery that causes serious bodily injury, on a person the defendant knew was pregnant, or on a person protected by a court order the defendant knew about is charged under § 13A(b), and a defendant convicted of that felony faces up to five years in state prison.
What is a reckless assault and battery in Massachusetts?
A battery committed by reckless conduct rather than an intentional touching. The Commonwealth must prove that the defendant intentionally engaged in conduct that caused bodily injury, and that the conduct was reckless, not merely careless. The injury must be serious enough to interfere with the other person’s health or comfort. An accidental contact is not a reckless assault and battery. The Commonwealth may charge either theory under § 13A or § 13M, and the judge instructs the jury on the theory the evidence supports. Under § 13M, the Commonwealth must also prove the family or household relationship.
Does an assault and battery conviction affect my gun license in Massachusetts?
It can. A conviction of a misdemeanor punishable by more than two years disqualifies a person from a Massachusetts firearms license under G.L. c. 140, § 121F, and both § 13A(a) and § 13M(a) allow a sentence of two and one-half years. A conviction of a misdemeanor crime of domestic violence also bars gun possession under federal law, 18 U.S.C. § 922(g)(9), even when the relationship is not an element of the charge. A continuance without a finding is not a conviction under Massachusetts firearms law, although the licensing authority may consider the facts in deciding suitability.
Can I claim self-defense to an assault and battery charge in Massachusetts?
Yes. Once the evidence fairly raises self-defense, the Commonwealth must prove beyond a reasonable doubt that the defendant did not act in self-defense. The rule is the same under § 13A and § 13M. A defendant may use reasonable, nondeadly force to defend against an attack after taking reasonable steps to avoid the fight where possible. When the identity of the first aggressor is disputed, the judge may admit evidence of the complainant’s specific prior acts of violence under Commonwealth v. Adjutant. The Commonwealth may then offer the defendant’s own violent acts in rebuttal.
Does a simple assault and battery conviction go on the domestic violence record?
It can, even without a § 13M charge. Under G.L. c. 265, § 13N, after a conviction of a misdemeanor that has the use of physical force as an element, the court decides whether the victim was a family or household member under the broader definition in chapter 209A. A court that finds that relationship records it and forwards the entry to the criminal justice information system. Under G.L. c. 276, § 56A, the Commonwealth also files a written statement that abuse is alleged, which stays in the statewide domestic violence record keeping system after a dismissal.
Can an assault and battery record be sealed in Massachusetts?
Yes. A judge can seal a dismissed charge or a not guilty finding under G.L. c. 276, § 100C. The Commissioner of Probation seals a misdemeanor conviction under § 13A or § 13M on request after three years under G.L. c. 276, § 100A, if the person has no new conviction during the waiting period. Expungement is different: G.L. c. 276, § 100J excludes a § 13M offense from time-based expungement, and only the narrow grounds in § 100K, such as identity fraud or a clerical error, remain. Sealing removes the entry from a standard CORI report but does not erase the police file.
Related Serpa Law Office Resources
- Assault and Battery on a Family or Household Member (§ 13M)
- Assault and Battery Charges in Massachusetts (§ 13A)
- Boston Domestic Violence Defense
- Massachusetts Domestic Violence Enhancements
- The Intimate Partner Abuse Education Program
- Domestic Violence Records: CORI and the DVRS
- Massachusetts Domestic Violence Law FAQs
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