Assault and Battery on a Police Officer

In Massachusetts, assault and battery on a police officer or public employee is treated more harshly than simple assault and battery and carries a minimum 90-day jail sentence. Charges of assault and battery on a police officer are often based on accidental or innocent conduct, such as thrashing while being arrested. These charges may arise from situations where the defendant was intoxicated, resisting arrest, or acting in self-defense after an officer used excessive force.

Assault and battery on a police officer is an assault and battery done on a police officer who was engaged in the performance of his or her duties and who the defendant knew to be a police officer. An assault and battery is an intentional touching without excuse or right and that was done without the victim’s consent or was likely to cause bodily harm. An intentional touching is one done deliberately and consciously and not accidentally or negligently. An assault and battery may also involve reckless conduct resulting in bodily injury. Conduct is reckless where a reasonable person in the circumstances would have recognized that the actions were likely to result in substantial injury. It is not enough that the defendant acted in a way that a reasonably careful person would not act. The crime of assault and battery on a police officer is governed by Massachusetts General Laws chapter 265, section 13D, which makes it a crime to commit an assault and battery on a public employee engaged in the performance of his or her duties at the time of the assault and battery.

If you are convicted of assault and battery on a police officer or public employee, you will face a minimum 90-day jail sentence. You could be punished by up to 2 ½ years in the house of correction or by a fine of up to $5,000. If the offense included an attempt to disarm the officer, the potential punishment is much more serious and you will face up to 10 years in the state prison.

The most important step is to immediately retain a criminal defense lawyer who has experience in defending against assault and battery on a police officer charges. There are many available defense strategies, and the best plan of action will depend on the facts of your case. You may be able to argue that the touching was accidental or that the touching was justified. You may be able to argue that the police officer did not properly identify himself as an officer or that the officer is not credible. If you retain Attorney Stephen Neyman, he will explore all possible avenues of defense and fight tirelessly for you.

Stephen Neyman has been defending persons accused of criminal offenses, including assault and battery on a police officer, for decades. Attorney Neyman’s office is based in Boston, and he represents clients throughout Massachusetts. He consistently achieves exceptional results for his clients, and he is dedicated to protecting the rights of the criminally accused. If you or someone you know has been charged with assault and battery on a police officer or public employee in Massachusetts, call the Law Offices of Stephen Neyman, P.C. today at 617-263-6800 or complete the online contact form. Stephen Neyman prides himself on superior client service, and you can reach him at any time.