Assault and Battery

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An arrest for Assault and Battery (A&B) in Massachusetts doesn’t mean you’re guilty. Whether it stems from a bar fight, a domestic argument, or a misunderstanding, these charges carry real consequences — and you need a defense attorney who’s prepared to fight hard from day one.

At Martinese Law, we don’t take A&B charges lightly — and neither should you. Here’s how we break down and attack these cases in court.

In Massachusetts, Assault and Battery occurs when someone:

• Touches another person without consent, and 
• The contact is intentional and harmful or offensive

There are different levels of this charge, including:

• Simple A&B (Misdemeanor)
• A&B on a family/household member (Domestic)
• Aggravated A&B (e.g., causing serious bodily injury, or against a pregnant person, child, or public employee)
   

Each has unique legal implications — and defenses.

Massachusetts law allows you to defend yourself or others when facing a threat. If you acted reasonably in response to a real or perceived danger, you may have a valid self-defense claim.

We work to uncover:

• Whether the alleged victim initiated or escalated the conflict
• If you used only the force necessary to protect yourself
• Witness statements, surveillance footage, or injury patterns that support your version of events
   

In many A&B cases:

• There are no injuries 
• Witnesses are biased or unreliable 
• The story changes over time 
• The alleged victim doesn’t want to press charges
   

We cross-examine every claim and use inconsistencies, lack of evidence, or police errors to your advantage. Our strategy is simple: poke holes until their case falls apart.

Did the officers fail to read your rights? Was your side of the story ignored? Were you arrested based on assumption instead of facts?

We scrutinize:

• Bodycam footage
• Police reports 
• Booking procedures
   

A sloppy arrest or flawed investigation can be the key to suppression of evidence or case dismissal.

If you were charged with domestic assault and battery, the stakes are even higher. These cases often include:

• Restraining orders 
• No-contact conditions
• DCF involvement
   

We move fast to protect your rights and keep you out of jail — and we push back hard when prosecutors try to label you as violent without evidence.

In some cases, especially if it’s your first offense or the alleged victim is uncooperative, you may qualify for:

• Pretrial probation
• Continuance without a finding (CWOF) 
• Case dismissal after completing counseling or anger management
   

At Martinese Law, we know the courts, the prosecutors, and the playbook. We use it all — whether to fight or negotiate — depending on what gets you the best outcome.

If you’ve been charged with Assault and Battery in Massachusetts, don’t wait. Don’t talk. Call us.

You need a lawyer who is relentless in court, ruthless in cross-examination, and knows how to take control of the case before it takes control of your life.

Call (617) 655‑2994

Serving Boston, Middlesex, Essex, and beyond