Assault & Battery

Assault & battery defense

Assault and battery charges often arise from disputed, fast-moving situations. What the police first hear is rarely the whole story.

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What's at stake

In Massachusetts, assault and battery covers a harmful or offensive touching (battery) and the threat or attempt of one (assault). Simple assault and battery is a misdemeanor, but the exposure rises quickly when the Commonwealth alleges serious injury, a dangerous weapon, or a protected victim.

Assault and battery with a dangerous weapon is a felony with significant potential prison time. A conviction of any kind can affect employment, housing, and — for non-citizens — immigration status. Self-defense, defense of another, and mistaken or exaggerated allegations are all common and legitimate defenses.

How it works

How we defend assault & battery

These cases are won by pulling apart the Commonwealth's narrative and putting the full context back in.

01

Step 1

Reconstruct what happened

We gather the police report, witness statements, 911 audio, and any video, and identify inconsistencies in the accuser's account.
02
Step 2

Develop the defense

We evaluate self-defense, defense of others, consent, and lack of intent — and whether the alleged injury and weapon claims hold up.
- Was this reasonable self-defense or defense of another?
- Are the injuries consistent with the accuser's story?
- Is the witness credible, or is there a motive to exaggerate?
03

Step 3

File pretrial motions

Where statements or identifications were improperly obtained, we move to exclude them.
04

Step 4

Negotiate or try the case

We seek dismissal, diversion, or reduced charges — and try the case to a judge or jury when that's the strongest path.

Assault & battery questions

The other person started it — is that a defense?

It can be. Massachusetts recognizes self-defense and defense of another. If you used reasonable force to protect yourself or someone else, that is a complete defense the Commonwealth must disprove.

The alleged victim doesn't want to press charges. Will the case go away?

Not automatically. In Massachusetts the prosecutor — not the complaining witness — decides whether to pursue the case, and can proceed even over the witness's objection. That said, a reluctant witness can significantly affect how the case resolves.

What makes assault & battery a felony?

Allegations such as use of a dangerous weapon, serious bodily injury, or a protected category of victim can elevate the charge to a felony with far greater penalties. The specific charge drives the defense.

Case results

Actual results Attorney Reinhardt has obtained in matters like yours. Prior results do not guarantee a similar outcome — every case turns on its own facts.

Not guilty — identification challenged

The client was charged with cutting another man while allegedly attempting to rob him; a conviction would have meant a significant prison sentence. Although DNA evidence placed the victim's blood on the client's sweatshirt, Attorney Reinhardt aggressively challenged the identification at trial. The victim could not identify the client as the man who stabbed him, and the prosecution relied heavily on video clips and still photos. Attorney Reinhardt effectively minimized the video evidence, and the jury returned a verdict of not guilty.

Case diverted — record kept clean

Attorney Reinhardt represented a teacher charged with assault and battery against her sister after a mutual confrontation following a night out. The client had no prior criminal history and a record of good work in her community. Attorney Reinhardt compiled a package and memo for the prosecution, which — on review — agreed to divert the case without any admission or plea. Her record remains clean, protecting her employment as a teacher, and the client and her family were extremely satisfied.