Assault & Battery on a Police Officer or Public Servant

In Massachusetts, an Assault & Battery committed against a Police Officer or a Public Servant is punished more harshly. General Laws Chapter 265, Section 13D provides for imprisonment of ‘not less than 90 days’ and up to 2.5 years in the House of Corrections.

The crimes of Assault & Battery Upon a Police Officer or Public Servant involves:

An intentional touching, however slight;
That was harmful or offensive;
Committed without justification or excuse;
Upon the person of a police officer or public servant who was engaged in the performance of his duties at the time of the assault and battery.

For purposes of this crime, the person charged must know that the alleged victim is an officer engaged in the performance of his duties, but this knowledge may be inferred from the circumstances. For example, the officer or public servant announced his office or was in uniform at the time of the alleged assault and battery.

Despite that the alleged crime was commited against a police officer or other public servant, the Defense of Self-Defense may also be at issue if the circumstances permit if, for example, the officer used excessive force in effecting an arrest.

See also Assault & Battery.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons accused of Assault & Battery on a Police Officer and is available 24/7 for consultation.

To schedule a Free Consultation with a Boston Violent Crimes Lawyer, Contact Us Online or call 617-325-9500.

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