What Happens If You’re Charged with Assault and Battery in Massachusetts?

Assault and battery is one of the most common criminal charges in Massachusetts—and one of the most misunderstood. You don’t need to cause an injury or even throw a punch to be charged.

Under Massachusetts law, you can be charged with assault and battery if you intentionally touch someone without their consent in a harmful or offensive way. Even pushing someone during an argument can lead to criminal charges.

The penalties depend on the circumstances. For a first-time misdemeanor, you could face up to 2.5 years in jail. But if the alleged victim is a family member, elderly person, or public employee, the charge is more serious. Some cases also involve separate charges like assault with a dangerous weapon or on a household member.

There are defenses. I’ve represented people accused of A&B after breakups, bar fights, traffic disputes, and false accusations. In many cases, we’re able to argue self-defense, lack of intent, or simply that the incident didn’t happen the way it was described.

If you’re facing assault and battery charges, don’t assume it’s just a misunderstanding. Get legal help fast.

What Is Melanie’s Law in Massachusetts?

Melanie’s Law was passed in 2005 to toughen the penalties for drunk driving in Massachusetts. It was named after 13-year-old Melanie Powell, who was killed by a repeat drunk driver. Since then, it has dramatically changed how OUI cases are handled.

One of the biggest changes is the ignition interlock requirement. If you're convicted of a second or subsequent OUI, you’ll need to install an interlock device on any vehicle you drive. That means blowing into a breathalyzer just to start your car—and again while driving.

The law also increased license suspension periods, expanded penalties for refusing a breath test, and added stricter rules for repeat offenders. Even first-time offenders face tougher consequences under Melanie’s Law than they did before it passed.

If you’re charged with OUI, Melanie’s Law will likely affect your case in one way or another. I help clients understand what they’re facing—and build a defense that accounts for every part of the law.

Can You Refuse a Breath Test in Massachusetts?

In Massachusetts, you have the legal right to refuse a breath test if you're suspected of operating under the influence (OUI). But that refusal isn’t without consequences.

Refusing a breath test triggers an automatic license suspension. For a first-time offender, that suspension is 180 days. If you have prior OUI convictions, the penalty is much higher—up to five years. And unlike other suspensions, this one is enforced by the RMV, not the court. That means it takes effect immediately, even if you win your case.

Refusal also limits the prosecution in some ways. The jury typically won’t hear that you refused, which can help your defense. But you lose the chance to challenge the results of a breath test that might have been flawed.

Every case is different, and there’s no one-size-fits-all advice. Sometimes refusing the test helps. Sometimes it makes things harder. I help clients weigh these choices when it counts—and fight the fallout when the decision’s already been made.

What Is the Difference Between a Misdemeanor and a Felony in Massachusetts?

In Massachusetts, the difference between a misdemeanor and a felony comes down to punishment. Misdemeanors are offenses that carry up to 2.5 years in the House of Correction. Felonies can carry state prison time.

Misdemeanors include things like shoplifting, OUI (first offense), or disorderly conduct. Felonies include charges like armed robbery, drug trafficking, or aggravated assault.

Felony charges usually come with more serious consequences—higher bail, stricter conditions, longer sentences, and bigger effects on immigration, employment, and civil rights.

If you’re charged with either, the first step is the same: get legal representation immediately. The earlier you act, the more options you have to fight the case or minimize the damage.

How to Fight a Restraining Order in Massachusetts

A restraining order can have serious effects, even if it’s civil. It can force you out of your home, restrict contact with your kids, and lead to criminal charges if violated.

In Massachusetts, restraining orders (also called 209A orders) usually begin with a temporary ex parte order. That means you’re not there when the judge first issues it. Within 10 business days, you get a chance to fight back at a hearing.

To challenge the order, you’ll need to present evidence, question the complainant’s claims, and explain why the legal standard isn’t met. It’s not enough to say it didn’t happen—you have to show why the other party’s fear isn’t reasonable or imminent.

These hearings are fast and high-stakes. I represent clients in restraining order hearings regularly, and I know how to prepare the right defense—especially when false accusations are involved.