A Dedham man was charged with assaulting a police officer after the police went to a house where the defendant was allegedly told he could not be at, according to a news account. Daniel Kelly was charged with assault and battery on a police officer, resisting arrest, attempt to commit a crime and disorderly conduct. The news account does not indicate why the police allege that Kelly was not suppose to be on the property; the dispute began when the police tried to remove him from the property and Kelly replied that he had a right to be there.
As a Massachusetts criminal defense lawyer, I have defended numerous individuals charged with assaulting police officers and resisting arrest. In two recent trials, clients of mine were found not guilty of assault and battery on a police officer as I presented a defense that the contact with the officer was unintentional. To prove a Massachusetts assault and battery charge, on a police officer or other individual, the Commonwealth must prove beyond a reasonable doubt that the contact with the officer was intentional and not accidental.
