Assault & Battery on Elderly or Disabled Persons

Massachusetts criminal law provides for enhanced penalties against those who commit crimes of violence against persons who are elderly or disabled.

Massachusetts General Laws Chapter 265, Section 13K, punishes the crime of Assault & Battery on Elderly or Disabled Persons with commitment to state prison for up to 3 years, or up to 2.5 years in the House of Corrections. Where there is evidence of ‘bodily injury’, the punishment is increased to a period of up to 5 years in state prison; and where there is evidence of ‘serious bodily injury’, for a period of up to 10 years.

In order to be convicted for the crime of Assault & Battery on an Elderly or Disabled Person, the prosecutor is required to prove, beyond a reasonable doubt:
  1. The defendant committing a touching, however slight, against a person who was elderly or disabled;
  2. That the defendant intended to engage in the touching;
  3. That the touching was harmful or offensive; and
  4. That it was committed without justification or excuse.
If you have been charged with the crime of Assault & Battery on an Elderly or Disabled Person or other Crimes of Violence, you should immediately consult with Boston Criminal Lawyer Lefteris K. Travayiakis who can explain and help protect your legal rights.

To schedule a Free Consultation with an experienced Boston Criminal Lawyer, Contact Us Online or call 617-325-9500.

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