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.
A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons.
(b) Whoever commits an assault or an assault and battery:
(i) upon another and by such assault and battery causes serious bodily injury;
(ii) upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant; or
(iii) upon another who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment issued pursuant to section 18, section 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, in effect against him at the time of such assault or assault and battery; shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 21/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.
(c) For the purposes of this section, ''serious bodily injury'' shall mean bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.
Notes of Decisions
Cited in 434
cases (73 in the last 5 years), 1962–2026 · leading case: Commonwealth v. Kelly, 25 N.E.3d 288 (Mass. 2015).
Commonwealth v. Kelly, 25 N.E.3d 288 (Mass. 2015). · cites it 6ד265, § 15A (c); and assault and battery, G. L. c. 265, § 13A (a). 3 claims of error is the defendants' contention that the judge failed to instruct the jury properly that in order to convict the defendants of assault and battery for the purpose of intimidation, the jury must…”
Commonwealth v. Porro, 939 N.E.2d 1157 (Mass. 2010). · cites it 5ד480, 482 (1983); G. L. c. 265, § 13A (assault or assault and battery); G.”
United States v. Faust, 853 F.3d 39 (1st Cir. 2017). · cites it 3ד268, § 32B(a), and assault and battery on a police officer ("ABPO"), Mass. Gen. Laws ch. 265, § 13A, were violent felonies under the Armed Career Criminal Act, 18 U.”
Commonwealth v. Scott, 982 N.E.2d 1166 (Mass. 2013). · cites it 7ד265, § 15B (b); assault and battery causing serious bodily injury, G. L. c. 265, § 13A (b) (i); assault and battery, G.”
Commonwealth v. Marinho, 981 N.E.2d 648 (Mass. 2013). · cites it 5דMarinho, and a codefend-ant, Justin Parietti, each of one count of assault and battery causing serious bodily injury pursuant to G. L. c. 265, § 13A (b). The defendant was acquitted of assault and battery with a dangerous weapon pursuant to G.”
Commonwealth v. Beal, 52 N.E.3d 998 (Mass. 2016). · cites it 5דThe defendant previously was convicted of assault and battery, G. L. c. 265, § 13A (a), and assault and battery upon a public employee, G.”
Commonwealth v. Torres, 10 N.E.3d 1065 (Mass. 2014). · cites it 11ד209A, § 7, is a lesser included offense of assault and battery on a person protected by an abuse prevention order, pursuant to G. L. c. 265, § 13A (b) (iii). Because we conclude that a violation of an abuse prevention order that contains a mandate to refrain from abuse is not a…”
Commonwealth v. Oberle, 69 N.E.3d 993 (Mass. 2017). · cites it 2דThe defendant, William Oberle, appeals from three assault and battery convictions, G. L. c. 265, § 13A (a), and a kidnapping conviction, G.”
Commonwealth v. Jean-Pierre, 837 N.E.2d 707 (Mass. App. Ct. 2005). · cites it 6דUnder G. L. c. 265, § 13A, as amended by St. 2002, c.”
Commonwealth v. Eberhart, 965 N.E.2d 791 (Mass. 2012). · cites it 3דOne of the three alleged predicate offenses was simple assault and battery, G. L. c. 265, § 13A. At a jury-waived subsequent offender trial, the judge found that the defendant had committed each of the three predicate offenses, and found him guilty of the subsequent offender…”
Commonwealth v. Hartnett, 892 N.E.2d 805 (Mass. App. Ct. 2008). · cites it 3ד265, § 23, and assault and battery of another child in violation of G. L. c. 265, § 13A. Following a jury trial in Superior Court, the defendant was convicted of both charges.”
Commonwealth v. Colon, 958 N.E.2d 56 (Mass. App. Ct. 2011). · cites it 4ד“Assault and battery is a common law crime now set forth in G. L. c. 265, § 13A. . . . Because there are harmful batteries and offensive batteries, there is a bifurcation in the law of battery.”
Commonwealth v. Colon, 958 N.E.2d 56 (Mass. App. Ct. 2011). ““Assault and battery is a common law crime now set forth in G. L. c. 265, § 13A. . . . Because there are harmful batteries and offensive batteries, there is a bifurcation in the law of battery.”
Commonwealth v. Colon, 958 N.E.2d 56 (Mass. App. Ct. 2011). ““Assault and battery is a common law crime now set forth in G. L. c. 265, § 13A. . . . Because there are harmful batteries and offensive batteries, there is a bifurcation in the law of battery.”
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