Legal Question in Criminal Law in Massachusetts

Re: possible assault & battery

The answer to your first question is that it depends on the circumstances. You need to provide more details in order to get an accurate answer. With respect to your second question, I agree with what Attorney Maloney has said.

Re: possible assault & battery

Use of minimal force is allowed to remove a trespasser from your property. However, without knowing the exact circumstances, it is impossible to determine if it would be a viable defense in a given case.

With regard to your second question, it is very unlikely that someone with no record would serve time in MA for an A&B. Really, the only reason it should occur would be if there were serious injuries sustained by the victim.

One caveat to this however, is that under Chapter 265 of Mass. Law, a conviction after a jury trial for A&B has the presumption of a jail sentence and the judge has to file written findings if a person is not sentenced to jail after a jury trial on that charge.

If you have any further questions, please feel free to contact me.