Aggravated Assault in Essex County, Massachusetts

Aggravated assault in Essex County refers to the act of threatening, intending to cause, or causing serious bodily injury to another person. The offense is governed by the Massachusetts state laws on assault and classified as a felony with punishments that can range from five to 20 years in the state prison, with the possibility of fines.

Since 2016, reported cases of aggravated assaults in Essex County have consistently declined. In 2019, there were 1,066 reports as opposed to the 1,389 recorded in 2016 after the slight increase from 2015.

What is Sexual Assault in Essex County?

Sexual assault generally refers to the act of sexually touching another person without their consent. Under Massachusetts laws, offenses related to sexual assault include:

1. Indecent assault and battery on a child below 14, as provided in G.L. c. 265 s. 13B
2. Assault with intent to commit rape, as provided in G.L. c. 265 s. 24
3. Rape, as provided in G.L. c. 265 s. 22
4. Rape and abuse of a child through force
5. Rape and abuse of a child without force, also known as statutory rape as provided in G.L. c. 265 s. 23

Sex crimes in Essex County are treated as serious offenses. They are typically categorized as felonies, and punishments can be as severe as life imprisonment. Besides imprisonment, people convicted of a sex crime are also mandated to register as sex offenders. Generally, any act of sexually touching a person in an offensive or unwanted way, or against such person’s will, is an offense that can be charged under any section of the relevant Massachusetts General Laws on sex crimes.

Reports of sex crimes in Essex County declined in 2019, compared to 2018. There were 327 reports, including 118 rapes, 40 statutory rapes, 82 cases of fondling, and 4 cases of sexual assault with an object. In 2018, there were 362 reports.

What Happens When You Press Charges Against Someone for Assault in Essex County?

An assault is considered both a tort and a crime in Essex County. As such, while an offender faces prosecution, they may also face civil proceedings with the possibility of paying damages. However, in criminal proceedings for assault, the prosecution is required to prove the elements of assault beyond a reasonable doubt. In this regard, defense lawyers formulate arguments to weaken the reasonability of the prosecution and defeat the assault charge. Some of these defenses include:

1. Self-defense: The defense lawyer may argue that the accused’s actions were in self-defense and the complainant initiated the assault. The defense must show that the accused’s reaction to the threat from the complainant was in proportion to the perceived or actual threat.
2. Defense of others or property: The defense lawyer can argue that the accused’s actions were in defense of another person being assaulted. It can also be argued that the action was against a person committing theft or destruction of property. However, there must be sufficient evidence to prove the claim.
3. Prevention of a crime: If the defense attorney can prove that the actions of the accused were to prevent the commission of a crime or the continuance of an ongoing crime, the assault charge will most likely fail, depending on the circumstances and other relevant factors.

Under the relevant general laws, there is no clear classification of assault into a simple or aggravated assault. As such, there is no specific charge for what is considered simple assault or what is considered aggravated assault. The degree of threatened bodily injury, the victim of the assault, and the manner with which the assault was done are the major factors used to determine the category of assault the action falls under. Depending on these factors, punishments for the offense may vary. In situations where there was a threat of bodily injury, and the offender made physical contact with the victim, the charge for the offense will be assault and battery.

How Long Can You go to Jail for Assault in Essex County?

Punishments for assault or aggravated assault may range from ninety days in a house of correction to 20 years in state prison. Under Massachusetts Law,

1. Assault is punishable by a maximum of two and a half years in a house of correction or a maximum fine of $1,000
2. Assault and battery may result in a maximum sentence of two and a half years in a house of correction or a fine of $1,000
3. Assault or assault and battery that causes serious bodily injury, as provided under G.L. c. 265 s. 13A(b)(i) - a maximum of five years imprisonment in the state prison or a maximum of two and a half years in the house of correction, a maximum fine of $5,000, or both the fine and imprisonment
4. Assault or assault and battery on a person that is pregnant- a maximum of five years imprisonment in the state prison or a maximum of two and a half years in the house of correction, or a maximum fine of $5,000, or both the fine and imprisonment
5. Assault or assault and battery on a person with a restraining order may attract a sentence of up to five years in the state prison or a maximum of two and a half years in the house of correction, a maximum fine of $5,000, or both the fine and imprisonment.
6. Indecent assault and battery on a child below 14 - a maximum of 10 years imprisonment in the state prison or a maximum of two and a half years in the house of correction
7. Assault on a police officer with intent to disarm is punishable by a maximum of 10 years imprisonment in the state prison, a maximum fine of $1,000, and a maximum of two and one-half years in a jail or house of correction.
8. Assault or assault and battery on a family or household member, as provided in G.L. c. 265 s. 13M - imprisonment in the house of correction for a maximum of two and one-half years, a fine not exceeding $5,000, or both the fine and imprisonment
9. Assault and battery with a dangerous weapon, as provided - a maximum of 10 years imprisonment in the state prison, two and one-half years in the house of correction, or a maximum fine of $5,000, or both the imprisonment and fine
10. Assault and battery by discharge of a firearm, as provided under G.L. c. 265 s. 15E(a) may attract up to 20 years imprisonment in state prison, a maximum of two and a half years in the house of correction, a maximum fine of $10,000, or both the fine and imprisonment

The relevant laws still contain several provisions on assault with varying punishments. The circumstances of each case will determine the assault charge and the penalty that the offender will face.

Simple Assault vs Aggravated Assault in Essex County

Generally, simple assault involves a threat of physical harm, while aggravated assault involves a threat of serious bodily injury. Another difference between both charges is the status of the victim. An act that may be considered a simple assault against a random individual becomes an aggravated assault when perpetrated against a pregnant woman. Furthermore, simple assaults are broadly categorized as misdemeanors, while aggravated assaults are felonies.

Due to the absence of a clear classification in the laws, other differences may exist as the court interprets the relevant laws.