Domestic Violence Sentencing Enhancements in Massachusetts: Serious Bodily Injury, Pregnant Victims, Active Restraining Orders, and Prior Convictions

How Enhancements Work

Massachusetts domestic violence statutes provide for enhanced penalties when the Commonwealth proves one or more aggravating factors beyond a reasonable doubt. These factors are separate elements of the charged offense. The principal enhancement provisions appear in M.G.L. c. 265, §§ 13M, 13K, 15A, and 15D, and in M.G.L. c. 209A, § 7. For the base offense analysis, see: Assault and Battery on a Family or Household Member (M.G.L. c. 265, § 13M), Strangulation or Suffocation (M.G.L. c. 265, § 15D), and Assault and Battery with a Dangerous Weapon (M.G.L. c. 265, § 15A).

For a college or university student, a licensed professional, or a non-citizen, these distinctions can be the difference between continued enrollment, a license termination or removal or non-admission to the country. The ideal outcome in any criminal case is an outright dismissal. Our page on how cases get dismissed in Massachusetts lays out the grounds for dismissals in our courts. We defend these charges in the district courts and the Boston Municipal Court throughout Eastern Massachusetts.

Enhancement 1: Serious Bodily Injury

Serious bodily injury is an enhancement factor under M.G.L. c. 265, § 13A and M.G.L. c. 265, § 15A (ABDW). Under M.G.L. c. 265, § 13A(b), assault and battery resulting in serious bodily injury is a felony punishable by up to five years in state prison.

Serious bodily injury is defined in M.G.L. c. 265, § 13A as bodily injury that results in:

• Permanent disfigurement.
• Loss or impairment of a body part or organ.
• A substantial risk of death.

The definition is demanding. Injuries that require emergency room treatment or cause temporary impairment do not necessarily qualify. Under M.G.L. c. 265, § 15A(b), the serious bodily injury enhancement for ABDW raises the maximum penalty from five years to fifteen years in state prison. Defense counsel must examine the medical records and challenge the Commonwealth’s characterization of the injury against the statutory definition at trial.

Enhancement 2: Pregnant Victims

The pregnancy of the alleged victim is an aggravating factor under M.G.L. c. 265, § 13M(b) for assault and battery on a family or household member and under M.G.L. c. 265, § 15D(b) for strangulation.

Under Section 13M(b), ABFHM committed against a pregnant person is punishable by up to five years in state prison and a fine of up to $10,000, compared to two and one-half years and $5,000 for the base offense.

Under Section 15D(b), strangulation committed against a pregnant person is punishable by up to ten years in state prison, compared to five years for the base offense.

The pregnancy enhancement does not require proof that the defendant knew the complainant was pregnant. The Commonwealth must prove only that the complainant was in fact pregnant at the time of the alleged offense. Defense counsel can challenge the pregnancy enhancement by contesting the medical evidence establishing pregnancy or the timing relative to the alleged offense.

Enhancement 3: Active Restraining Order at the Time of the Offense

M.G.L. c. 265, § 13M(b): ABFHM committed in violation of an active 209A or 258E order is punishable by up to five years in state prison.

M.G.L. c. 265, § 15D(b): Strangulation committed while subject to an active 209A or 258E order is punishable by up to ten years in state prison.

The enhancement requires that the defendant knew or reasonably should have known that the order was in effect. Service is ordinarily sufficient. The restraining order enhancement operates independently of the 209A violation charge under Section 7. A defendant charged with ABFHM while subject to a 209A order can face both the Section 13M enhanced charge and a separate Section 7 violation charge arising from the same incident.

Enhancement 4: Prior Convictions

Second offense ABFHM (M.G.L. c. 265, § 13M). A second or subsequent conviction for assault and battery on a family or household member is a felony punishable by up to five years in state prison. Prior CWOFs count.

Second offense strangulation (M.G.L. c. 265, § 15D(b)). A second conviction for strangulation or suffocation is punishable by up to ten years in state prison.

Second offense 209A violation (M.G.L. c. 209A, § 7). A second or subsequent conviction for violating a 209A order has no sentencing enhancement.

Second offense 258E violation (M.G.L. c. 258E, § 9). A second or subsequent 258E violation also has no sentencing enhancement.

Enhancement 5: Elder Abuse (M.G.L. c. 265, § 13K)

Assault and battery on an elder (a person 60 or older) or a person with a disability is a separate and enhanced offense under M.G.L. c. 265, § 13K. In domestic violence cases, Section 13K is charged when the complainant is an elderly parent, grandparent, or other elderly family member. See: Boston Domestic Violence Defense Hub.

• Assault and battery on an elder or person with a disability causing bodily injury: up to five years in state prison.
• Assault and battery on an elder or person with a disability causing serious bodily injury: up to ten years in state prison.
• There is no second offense provision in M.G.L. c. 265, § 13K. The penalty turns on the injury caused rather than on any prior conviction: up to three years in state prison for the assault and battery itself, up to five years where it causes bodily injury, and up to ten years where it causes serious bodily injury.

The Federal Lautenberg Amendment and Enhanced Convictions

The federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)) permanently prohibits firearm possession by any person convicted of a misdemeanor crime of domestic violence, including a CWOF. An enhanced domestic violence conviction. Section 13M second offense, Section 15D, or Section 15A. constitutes a felony, and a separate permanent firearms disability attaches under 18 U.S.C. § 922(g)(1). These consequences are permanent and operate independently of any state-level LTC or firearms license restoration process.

How Enhancement Factors Are Tried

Under Apprendi v. New Jersey (530 U.S. 466, 2000) and Alleyne v. United States (570 U.S. 99, 2013), enhancement factors are elements of the aggravated offense the Commonwealth must allege in the complaint or indictment and prove at trial beyond a reasonable doubt. A defendant convicted of the base offense but not of the enhancement is sentenced under the base statute only. Defense counsel must request that the jury be instructed separately on each enhancement element and that the verdict form reflect the jury’s finding on each element.

Related Pages

• Boston Domestic Violence Defense Lawyer. Practice Area Hub
• Assault and Battery on a Family or Household Member (M.G.L. c. 265, § 13M)
• Strangulation or Suffocation (M.G.L. c. 265, § 15D)
• Assault and Battery with a Dangerous Weapon (M.G.L. c. 265, § 15A)
• Intimidation of a Witness (M.G.L. c. 268, § 13B)
• Violation of a 209A Abuse Prevention Order (M.G.L. c. 209A, § 7)
• Violation of a 258E Civil Harassment Prevention Order
• Massachusetts Firearms and Gun Crimes
• CWOF, Pretrial Probation, and Diversion in Massachusetts FAQs
• Criminal Defense for Licensed Professionals in Massachusetts
• Immigration Consequences of Massachusetts Criminal Charges
• Representative Trial Results

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