What is assault and battery causing serious bodily injury?

July 12th, 2018

Posted By

Assault and Battery Causing Serious Bodily Injury in Massachusetts

G.L. c. 265, § 13A(b)(i) — When an Assault and Battery Results in Serious Injury

Assault and battery causing serious bodily injury is an aggravated form of assault and battery under Massachusetts law. G.L. c. 265, § 13A(b)(i) enhances the penalty when an assault and battery causes serious bodily injury. The offense can be based on either intentional or reckless conduct and carries significantly higher exposure than simple assault and battery.

This article explains the definition of serious bodily injury, the elements of both the intentional and reckless theories, the penalties, practical issues such as injuries sustained while escaping, and common defense considerations.

What Is Assault and Battery Causing Serious Bodily Injury?

A person commits this offense when he or she commits an intentional or reckless assault and battery that causes serious bodily injury to another. “Serious bodily injury” is defined by statute as bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or a substantial risk of death.

What Counts as Serious Bodily Injury?

The statute provides three distinct routes to establish serious bodily injury:

Permanent disfigurement — an enduring visible change to a person’s appearance or an effect on the character of the person’s bodily integrity. Scarring can qualify, but not every scar automatically does; the injury must be significant and enduring.
Loss or impairment of a bodily function, limb, or organ — the impairment need not be permanent. An impairment of a bodily function arises when a part or system of the body is significantly impeded in its ability to fulfill its role.
A substantial risk of death.

Intentional Assault and Battery Causing Serious Bodily Injury

To prove intentional assault and battery causing serious bodily injury, the Commonwealth must prove three things beyond a reasonable doubt:

That the defendant touched the person of the alleged victim;
That the defendant intended to touch the alleged victim (consciously and deliberately, not by accident or negligence); and
That the touching caused serious bodily injury.

Assault and battery is a general-intent crime. The Commonwealth does not have to prove that the defendant specifically intended to cause the serious injury—only that the touching itself was intentional and that serious bodily injury resulted.

Reckless Assault and Battery Causing Serious Bodily Injury

To prove the reckless form, the Commonwealth must prove beyond a reasonable doubt that:

The defendant acted recklessly; and
The defendant’s reckless conduct included an intentional act that resulted in serious bodily injury to the alleged victim.

Recklessness requires more than ordinary negligence. The defendant must have known, or should have known, that the actions were very likely to cause substantial harm, yet proceeded anyway. A reasonable person in the defendant’s position would have recognized the high risk of substantial injury.

Injury Sustained While Escaping or Defending

If the alleged victim was injured while trying to escape or defend against the defendant, the Commonwealth can still prove the offense by showing beyond a reasonable doubt that:

The defendant caused the alleged victim reasonably to fear an immediate attack;
That fear led the alleged victim to try to escape or defend; and
The alleged victim received a serious bodily injury from or during that attempt to escape or defend.

Penalties

A conviction under G.L. c. 265, § 13A(b)(i) is punishable by imprisonment in the state prison for not more than five years, or in the house of correction for not more than two and one-half years, or by a fine of not more than $5,000, or by both such fine and imprisonment. This is substantially higher exposure than simple assault and battery under § 13A(a).

Common Defense Approaches

Defense counsel often focus on:

Whether the injury actually meets the statutory definition of serious bodily injury (medical records and expert testimony are frequently critical);
Whether the touching was intentional or whether the conduct was accidental or merely negligent;
Self-defense, defense of another, or other justification;
The credibility of the accounts given by the parties and any independent witnesses; and
Whether a lesser-included offense (simple assault and battery) more accurately fits the evidence.

Frequently Asked Questions

Does the defendant have to intend the serious injury?

No. For the intentional theory, the Commonwealth must prove an intentional touching that caused serious bodily injury. Specific intent to cause the serious injury is not required.

Is every scar a permanent disfigurement?

Not automatically. Scarring can support a finding of permanent disfigurement if it is significant and enduring and affects appearance or bodily integrity, but the jury must still make that determination based on the evidence.

Can hospitalization alone support the charge?

Hospitalization or medical treatment does not automatically establish serious bodily injury. The injury must meet one of the three statutory criteria.

Why Experienced Counsel Matters

This charge carries felony-level exposure and frequently turns on the precise medical nature of the injury and the defendant’s mental state. Early review of medical records, witness statements, and available defenses is essential.

Contact Criminal Defense Attorney William J. Barabino

If you or a loved one has been charged with assault and battery causing serious bodily injury, early legal help is important. The Law Office of William J. Barabino provides focused criminal defense throughout Massachusetts.

Call 781-393-5900 for a confidential consultation.

Visit williambarabino.com for more information on criminal charges and defenses.

Free Consultation