What is aggravated assault in Massachusetts?
The statutory offense of Aggravated Assault & Battery falls under Chapter 265 Section 13A of the Massachusetts General Laws. Specifically, that the defendant committed an assault and battery where: Serious bodily injury was caused to the victim.
What would be considered aggravated assault?
The FBI’s Uniform Crime Reporting (UCR) Program defines aggravated assault as an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. When aggravated assault and larceny-theft occur together, the offense falls under the category of robbery.
What does it mean to be charged with aggravated assault?
An aggravated assault is one that carries a more serious charge category and subjects the offender to more serious punishments. Assault crimes are aggravated (or enhanced/elevated) by a wide range of circumstances surrounding the crime, such as the severity of the violence, or even the perpetrator’s state of mind.
How does Massachusetts define assault?
In Massachusetts, under M.G.L. C. 265, s. 1A, an assault is a misdemeanor crime and involves either an attempted battery (offer of harm) or an intent to place another person in fear or apprehension of an immediate battery.
What is felony assault in Massachusetts?
Massachusetts Assault and Battery Causing Serious Bodily Injury. In Massachusetts, underMGL c. 265 s. 13A, assault and battery that causes serious bodily injury is a felony that carries up to 5 years in state prison and $5,000 fine.
Who is most likely to be a victim of aggravated assault?
Persons age 18 to 21 were the most likely to experience a serious violent crime, and blacks in that age group were the most vulnerable: 72 victimizations per 1,000 blacks, 50 victimizations per 1,000 Hispanics, and 46 victimizations per 1,000 whites.
What does aggravated mean in law?
A crime or tort is aggravated if the circumstances make it worse or more serious than it would otherwise be.
How long after an assault can you press charges in Massachusetts?
State laws place limits on how much time prosecutors have to file criminal charges, called the criminal statute of limitations. Most states have different limits for different kinds of crimes, and Massachusetts does as well. There is a six-year time limit for the filing of misdemeanor charges, for instance.
What is the punishment for assault in Massachusetts?
Section 13A: Assault or assault and battery; punishment Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000.
Is aggravated assault worse than assault?
To put it into layman’s terms, both assault and aggravated assault involve hurting someone else or threatening to hurt someone. Aggravated assault is considered more serious because it involves a deadly weapon or causes severe injuries.
Which factor might distinguish an aggravated assault from a simple assault?
Often, the weapon used or the extent of the injury sustained will be the deciding factor in distinguishing aggravated from simple assault.