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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Criminal Law
Satisfied Customers: 20012
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What is a first time assault and battery punishment?

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WHAT WILL A FIRST TIME ASSAULT AND BATTERY CHARGE BE.. i DIDNT FILE A POLICE REPORT AGAINST HIM, AND HAD TO WAIT A COUPLE WEEKS TO FILE. HE HAS NO PRIORS...i DO HAVE WITNESSES AND PICTURES OF MY BRUISES. HE FILED A RESTRAINTS AGAINST ME FOR A YEAR.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Attorney & Mediator replied 9 years ago.
PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES

In Massachusetts the punishment is as follows. These are the maximum punishment. For a first time offense he can possibly avoid jail time by doing probation. It would depend on what is bargained with the prosecutor.

TITLE I. CRIMES AND PUNISHMENTS

CHAPTER 265. CRIMES AGAINST THE PERSON

 

Chapter 265: Section 13A. Assault or assault and battery; punishment

Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000.

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Customer: replied 9 years ago.
I need more info as to what are the chances of him being found guilty or innocent. I have pics of my bruises. If guilty what is the least he will get, and is that most likely being that he has no prior offenses. Typically what happens when a man hits a woman and causes bruises. What does the judge predicate his decision on usually. I feel he is gonna get off and I am still a victim.I cannot hire an attorney as I am on disabillity.
Expert:  Attorney & Mediator replied 9 years ago.

1) The evidence of the assault and battery is clear by the pictures of the bruises. So I doubt he will not be found guilty of assault and battery upon your person.

2) As to what punishment he will get...I have no way of telling because I am not the prosecutor or the criminal defense attorney to see what will be negotiated. All I can tell you is what is written in the law and the maximum of the punishment is 2 1/2 years and/or a fine up to $1,000.00 . Again I cannot predict what the prosecutor or his defense attorney will negotiate as a plea bargain.

In Criminal cases the majority of these cases are plea bargained and the judge accepts what was negotiated. This is common practice.

3) You do not need an attorney. What you need to do is contact the prosecutor who will be handling the case and let them know what you would like to happen. The prosecutor will take your information into consideration.

4) In addition you now qualify for a restraining order and you can ask the prosecutor to assist with that.

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