A Quincy man, Michael Russell faces a Massachusetts felony charge of burglary and a misdemeanor charge of assault and battery, according to a news account in the Patriot Ledger. A charge of assault and battery with a dangerous weapon would be a felony offense.
Under Massachusetts criminal law, an assault is an attempted battery. An assault is an intent a to put another person in fear of an immediate battery. A battery is when someone is struck intentionally, for example a punch, kick or other physical contact. An assault is when no physical contact occurs but the person reasonably feared being struck. In this case, because the news account states that the victim was struck, Russell was charged with assault and battery. Had he merely threatened to strike the alleged victim, the charge would have been strictly an assault.
As a Massachusetts criminal defense lawyer, practicing in Quincy District Court and throughout Norfolk County, I have defended numerous individuals charged with a Massachusetts assault and battery charge and other felony criminal offenses, such as burglary.
If you are charged with a criminal offense in Massachusetts, where felony of misdemeanor, call for a free consultation. I will explain your defenses, the defenses to your case and the likely sentence that the Commonwealth will recommend and the judge will impose. Call now at 781-686-5924 or send an email through this website, by clicking here.
Click here to download a free copy of "Understanding Massachusetts Drunk Driving Laws"
Click here to download a free copy of: Understanding a Massachusetts Domestic Assault and Battery Charge
