Aggravated Assault in Middlesex County

Aggravated assault in Middlesex County is the harmful and unlawful touching of another person that results in serious bodily injury or if the victim is pregnant or has a restraining order against the assaulter. Aggravated assault is a felony in Middlesex County under the Massachusetts General Law Chapter 265 Section 13A and may include imprisonment in state prison or jail sentence. A sentence in a jail or house of correction is usually not more than two and a half years, while a penalty in a state prison exceeds two and a half years.

Serious bodily injury to prove aggravated assault includes permanent physical disfigurement or loss or bodily function impairment. The presence of an injury that posed a substantial risk of death may also show serious bodily injury. If the basis of the aggravated assault charge is the victim’s pregnancy or restraining order, the defendant must have known or have reason to know about either the pregnancy or the restraining order.

The Executive Office of Public Safety and Security (EOPSS) recorded 2,245 aggravated assault cases in Middlesex County in 2019. There were 2,022 cases in 2018, 1,976 cases in 2017, 2,089 cases in 2016, and 2,219 cases in 2015.

What is Sexual Assault in Middlesex County?

Sexual assault in Middlesex County is any manipulated or coerced sexual contact. It includes sexual contact with a person that is incapable of giving consent, rape, attempted rape, and inappropriate touching. Offenses categorized as sexual assault are felonies including,

• Assault with intent to rape
• Assault with intent to rape while armed with a firearm
• Assault with intent to rape a child under 16
• Assault with intent to rape a child under 16 while armed with a firearm
• Indecent assault or battery on a person 14 years or older
• Indecent assault or battery on a person 60 years or older or with a disability
• Indecent assault or battery on a person with an intellectual disability
• Indecent Assault and Battery on a Child Under 14 during the commission of a felony or by a Mandated Reporter

Middlesex County recorded 207 sexual assault cases in 2019. There were 173 cases in 2018, 184 cases in 2017, 167 cases in 2016, and 208 cases in 2015.

What Happens When you Press Charges against Someone for Assault in Middlesex County?

When a victim of an assault presses charges against the offender, law enforcement officers are required to investigate. Based on their findings, the offender may be arrested and charged with assault.

Depending on the charge, the assault may be a misdemeanor or a felony. Sexual assault is punishable by a term of imprisonment with no option for a fine. Simple and aggravated assaults are punishable with either fines or an imprisonment term. A conviction for a sexual assault offense may also result in the defendant’s registration with the Massachusetts Sex Offender Registry Board. If arrested it may be crucial to speak to a criminal defense attorney. Depending on the charges and the prosecution’s case, the defense lawyer may raise issues of

• Self-defense. A lawyer can show that the defendant did not commit any crime and their actions were taken to protect themselves. The law allows individuals to take reasonable actions to defend themselves.
• Defense of another person. A person can use force to defend another person, as long as the force used does not exceed a reasonable amount that would have been used in self-defense.
• Defense of property. Individuals can use reasonable force to defend their home or dwelling. The defense does not extend to all property, as it specifically applies to the defendant’s home or dwelling.

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

The penalty for assault depends on if the assault convicted for is categorized as a felony or a misdemeanor and may include

• An imprisonment term of two and a half years in a house of correction or a $1,000 fine for simple assault.
• Imprisonment in state prison for a maximum of five years, imprisonment in a house of correction for a maximum of two and a half years, a fine of $5,000, or both a fine and imprisonment for aggravated assault.
• The penalty for assault with intent to rape includes a maximum imprisonment term of 20 years in a state prison or a maximum imprisonment term of two and a half years in a house of correction. The penalty for a subsequent offense is imprisonment in state prison with the maximum sentence of life imprisonment.
• Assault with an intent to rape while armed with a firearm is punishable by imprisonment in state prison for a term not less than five years. A subsequent offense is punishable by an imprisonment term in state prison for not less than 20 years.
• The penalty for assault with an intent to rape a child under 16 is imprisonment in state prison for any period of time as decided by the judge. For a subsequent offense, the penalty is imprisonment in state prison with a minimum of five years imprisonment.
• Assault with an intent to rape a child under 16 while armed with a firearm is punishable by imprisonment in state prison for any term of years not less than five years. For a subsequent offense, the penalty is imprisonment in state prison for a term not less than 15 years.
• The penalty for indecent assault and battery on a 14-year-old or older is imprisonment in state prison for a maximum of five years.
• Assault on a 60-year-old or older or with a disability may be punished with an imprisonment term in state prison up to ten years. Subsequent offenses may be punished with imprisonment for up to 20 years.
• Indecent Assault and Battery on a Child Under 14 during the commission of a felony or by a Mandated Reporter may be punished with a minimum of ten years, in state prison.
• The penalty for indecent assault or battery on a person with an intellectual disability is imprisonment in state prison for a term between five and ten years. Subsequent offenses are punishable with a term of any number of years not less than ten years in state prison.

Simple Assault vs Aggravated Assault in Middlesex County

Aggravated assault in Middlesex County has the same elements as simple assault. The defendant unlawfully touched the victim, the defendant intended to do so, and the touching was offensive or harmful. However, the presence of certain elements may transform the charge from a simple assault case to aggravated assault such as where the defendant caused serious bodily harm to the victim, where the victim was pregnant to the defendant’s knowledge, or where the victim had a restraining order against the defendant to the defendant’s knowledge.