Aggravated Assault in Worcester County, Massachusetts

Aggravated assault in Worcester County involves deliberately touching a person offensively or harmfully without justification. In order to obtain a conviction of aggravated assault in Worcester County, the prosecution must prove that the unlawful touching

• Resulted in a serious bodily injury
• The victim was a pregnant woman
• The victim had a restraining order against the defendant and the defendant was aware of it.

Serious bodily injury under Massachusetts law means bodily injury that causes permanent disfigurement or an impairment or loss of an organ or bodily function. It also refers to an injury that puts the victim at substantial risk of death.

Worcester County classifies aggravated assault as a felony with a potential sentence of up to 5 years in state prison or two and a half years in the house of Corrections.

Law enforcement in Worcester County reported 2,459 incidents of aggravated assault in 2016. The number decreased to 2,231 in 2017, 2,065 in 2018 and 1,996 in 2019. As of March 2021, Worcester County recorded 56 incidents of the offense.

What is Sexual Assault in Worcester County, Massachusetts?

Sexual assault in Worcester County is any form of intentional sexual activity that is unwanted and without the consent of the other party. This includes rape, inappropriate touching, sexual activity with a minor, attempted rape, and sexual contact with a person who is incapacitated as a result of alcohol or other drugs.

Rape, indecent assault, and battery are classified as felonies. An indecent assault and battery conviction could result in five years in state prison. A rape conviction carries up to twenty years in state prison.

In 2016, there were 412 incidents of sexual assault in Worcester County. The number of sexual assaults increased to 468 in 2017, the highest number recorded in five years. In 2018, 433 cases of sexual assault were reported, 448 in 2019 and 86 reported incidents of rape, and 1 case of attempted rape as of March 2021.

What Happens When you Press Charges Against Someone for Assault in Worcester County, Massachusetts?

Once charges for sexual assault have been filed against an offender, they will be required to appear in court. Other than simple and aggravated assault, other types of assault charges include:

• Indecent assault and battery
• Assault and battery upon a child
• Assault on an emergency medical technician
• Assault and battery on a person with an intellectual disability
• Assault and battery with a deadly weapon
• Assault and battery to collect a loan
• Assault with intent to rob or murder
• Assault and battery upon public employees or police officers
• Assault with intent to commit a felony
• Assault on a correctional officer

When facing assault charges, the defendant has the opportunity to tell their side of the story and can do so with the help of an experienced criminal defense attorney. Depending on the facts of the case, the defense can claim

• Self Defense: A person has the right to defend themselves if they reasonably believe they were in danger from another person. However, they must use only as much force as is reasonably necessary. Massachusetts law requires that they try to retreat before resorting to force. This defense can succeed if the defendant was attacked first, or had reason to suspect an imminent attack.
• Defense of Another: A person can use the same amount of force that they may have used to protect themselves to help another person.
• Defense of Property: Massachusetts law allows a person to use reasonable force to protect or regain their lawful property against anyone who has no right to it. They may also use reasonable force to remove trespassers from their property, but only after they have asked the trespasser to leave and the trespasser refused to do so.
• Necessity or duress: The defense may try to assert that based on the circumstances, breaking the law caused considerably less harm than if the defendant had obeyed the law. On the other hand, the defense of duress applies when another person coerced the defendant to carry out the assault.
• Consent: The defense of consent may be available to the defendant if the victim consented to offensive touching. An example of this is agreeing to play contact sports. This defense is very limited as it is very difficult to prove consent to bodily harm. Additionally, the Massachusetts Supreme Judicial Court ruled in Commonwealth v. John Carey that consent is not a lawful defense to assault and battery with a dangerous weapon. It is irrelevant that the assault occurred during consensual sexual activity.
• Accident: To be guilty of assault, the defendant must have had the intent to cause harm. The defense may assert that the unlawful act was accidental. For this defense to be successful, the defense must prove that the event was unforeseeable and unexpected.

How Long Can You Go to Jail for Assault in Worcester County, Massachusetts?

The penalty for assault in Worcester County may vary, depending on the facts of the case and the category of assault the offender was prosecuted for. The penalties include:

• Assault and battery: Imprisonment in the house of correction for not more than 2½ years or a maximum fine of $1,000.
• Aggravated assault and battery: Imprisonment in state prison for up to 5 years, in the house of correction for not more than 2½ years, or a maximum fine of $5,000.
• Indecent assault and battery: Imprisonment for not more than 5 years in the state prison, or up to 2½ years in a jail or house of correction.
• Assault and battery upon a child: Imprisonment in the state prison for up to 5 years or in the house of correction for not more than 2½ years. If the assault and battery resulted in substantial bodily injury, the penalty increases to imprisonment in the state prison for up to 15 years.
• Assault on an emergency medical technician: Imprisonment in the house of correction for 90 days to 2½ years, or a fine of between $500 to $5,000, or both such fine and imprisonment.
• Assault and battery on a person with an intellectual disability: Imprisonment for not more than 5 years in the state prison, or up to 2½ years in a jail or house of correction on the first offense. A second or subsequent conviction carries a penalty of imprisonment in the state prison for up to 10 years.
• Assault and battery to collect a loan: Imprisonment in the state prison for 3 to 5 years, or up to 2½ years in a jail or house of correction on the first offense. A second or subsequent conviction carries a penalty of imprisonment in the state prison for 5 to 10 years.
• Assault and battery with a deadly weapon: Imprisonment in the state prison for up to 10 years or in the house of correction for not more than 2½ years, or a maximum fine of $5,000, or both such fine and imprisonment. If the victim was sixty years old or above, the penalty on a second or subsequent conviction is imprisonment in the state prison for at least 2 years without the possibility of parole.
• Assault with intent to rob or murder: Imprisonment in the state prison for not more than 10 years or in the house of correction for up to 2½ years, or a maximum fine of $1,000.
• Assault and battery upon a public employee: Imprisonment in the house of correction for 90 days to 2½ years, or a fine of between $500 to $5,000.
• Assault and battery upon a police officer: Imprisonment in the state prison for not more than 10 years or in the house of correction for up to 2½ years, or a maximum fine of $1,000. If the police offer sustained serious bodily injury as a result of the assault and battery, the penalty is imprisonment in the state prison for 1 to 10 years, or in the house of correction for 1 to 2½ years, or a fine of between $500 to $10,000.
• Assault with intent to commit a felony: Imprisonment in the state prison for not more than 10 years or in the house of correction for up to 2½ years, or a maximum fine of $1,000.
• Assault on a correctional officer: Imprisonment in the state prison for up to 10 years or in the house of correction for not more than 2½ years.

Simple Assault vs Aggravated Assault in Worcester County, Massachusetts

A simple assault charge is less serious and may involve some minimal threat of force or result in minor injuries. It is a misdemeanor offense, described as an act intended to put another person in apprehension or fear of an immediate attack. Physical contact is not a necessary element for a simple assault and the prosecution does not have to prove that the victim was actually afraid. A simple assault conviction could lead to 2½ years in the House of Corrections or a fine of up to $1,000.

Aggravated assault, on the other hand, involves complicating circumstances that escalate the charges such as causing serious physical injuries to the victim or bearing arms. Unlike simple assault, the prosecution must prove there was unlawful touching of the victim by the defendant.