You may see these terms written together and assume they describe one act. Massachusetts law treats them as separate offenses. An assault charge does not require physical contact. The state does not recognize battery as a stand-alone crime. In assault and battery, battery refers to the physical contact involved.
How the offenses differ
Assault may involve an attempt to make harmful or offensive contact. It can also involve actions that pose an immediate threat of contact. For example, swinging at someone and missing can support the accusation. Threatening words alone generally are not enough. The person must also take a clear step toward carrying out the threat.
Assault and battery involves physical contact or reckless actions that cause physical injury. Massachusetts recognizes two theories:
- Intentional assault and battery: You intentionally make harmful or offensive contact without a lawful reason. Offensive contact may include spitting or unwanted touching that would offend a reasonable person, even if it causes no pain.
- Reckless assault and battery: You take an action that creates a serious and obvious risk, and that action causes physical injury, even if you did not intend to hurt anyone.
Each charge requires prosecutors to prove different facts.
When the allegations become more serious
A basic assault or assault and battery conviction can carry up to two and a half years in a house of correction or a fine of up to $1,000.
Penalties can increase when someone suffers a serious injury. They may also rise if the case involves a dangerous weapon, someone age 60 or older or a restraining order.
How the specific charge affects your case
The criminal complaint identifies what prosecutors must prove and which penalties could apply. Because the required facts differ, understanding the accusation can help you respond carefully and avoid actions that may create further problems while the case is pending.