When an assault and battery causes a serious injury, Massachusetts treats it as a felony. G.L. c. 265, § 13A(b)(i) raises the maximum from 2½ years in the house of correction to 5 years in state prison. The charge turns on the injury, not on how hard the blow was or what you intended. That makes the medical evidence, and what the injury actually was, the center of most cases.
At a Glance: A&B Causing Serious Bodily Injury
Up to 5 years
in state prison, or 2½ years in the house of correction
Up to $5,000
fine, alone or with jail time
Serious injury
permanent disfigurement, loss or impairment of a function, limb, or organ, or a substantial risk of death
The law: G.L. c. 265, § 13A(b)(i), (c)
What Counts as Serious Bodily Injury
The statute defines serious bodily injury as bodily injury that results in permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or a substantial risk of death (§ 13A(c)). The District Court model jury instruction (Instruction 6.160) explains the impairment options, following Commonwealth v. Scott, 464 Mass. 355 (2013):
- Bodily function: a part or system of the body, other than an organ or limb, is significantly impeded in its ability to fulfill its role.
- Limb: significant damage to its structure compromises its capacity to perform its usual function.
- Organ: damage to its structure is significant enough to compromise its ability to function.
Pain, bruising, or an injury that needed treatment is not automatically enough. The Commonwealth has to prove the injury fits one of these categories.
How the Injury and a Weapon Raise the Stakes
Simple A&B · § 13A(a)
Any intentional harmful or offensive touching, or a reckless act causing injury
Misdemeanor: up to 2½ years HOC or $1,000
A&B causing SBI · § 13A(b)(i)
The assault and battery causes serious bodily injury
Felony: up to 5 years state prison or 2½ years HOC, and/or $5,000
ABDW · § 15A(b)
Assault and battery by means of a dangerous weapon
Felony: up to 10 years state prison or 2½ years HOC, and/or $5,000
ABDW causing SBI · § 15A(c)(i)
A dangerous weapon and serious bodily injury
Felony: up to 15 years state prison or 2½ years HOC, and/or $10,000
The law: G.L. c. 265, §§ 13A, 15A. “Serious bodily injury” has the same definition in both sections.
What the Commonwealth Must Prove
Instruction 6.160 recognizes two ways to commit this offense. The Commonwealth must prove one of them beyond a reasonable doubt.
Intentional assault and battery causing serious bodily injury:
- You touched the other person;
- You intended to touch them; and
- The touching caused serious bodily injury.
A touching is any physical contact, however slight, direct or indirect. “Intended” means you consciously and deliberately meant the touching to occur, not that it happened by accident or carelessness. The Commonwealth does not have to prove you meant to cause an injury, let alone a serious one.
Reckless assault and battery causing serious bodily injury: the Commonwealth must prove two things: that you intentionally engaged in actions which caused serious bodily injury, and that your actions amounted to reckless conduct. Reckless means more than negligent: you knew, or should have known, that your actions were very likely to cause substantial harm to someone, and you ran that risk and went ahead anyway. The Commonwealth does not have to prove you intended to injure or strike anyone, or that you foresaw the harm.
Penalties
Assault and battery causing serious bodily injury is punishable by up to 5 years in state prison or up to 2½ years in the house of correction, a fine of up to $5,000, or both (§ 13A(b)). Because it can be punished by state prison, it is a felony.
If a dangerous weapon was used, the charge is usually assault and battery by means of a dangerous weapon causing serious bodily injury under § 15A(c)(i), which carries up to 15 years in state prison or 2½ years in the house of correction, a fine of up to $10,000, or both.
Defenses
- The injury is not “serious”: the most common battleground. Medical records, the length of recovery, and expert testimony often decide whether the injury fits the statute. If it does not, the most the Commonwealth can prove is simple assault and battery.
- Causation: the Commonwealth must prove the touching caused the serious injury, not a fall, an earlier injury, or someone else.
- Self-defense or defense of another: under the model jury instruction on self-defense (Instruction 9.260), once self-defense is at issue, the Commonwealth must prove beyond a reasonable doubt that you did not act in lawful self-defense. You do not have to prove you were justified.
- Accident: an accidental or merely careless touching is not intentional assault and battery.
- Identification and credibility: fights are chaotic. Who threw which punch, and who caused the injury, is often disputed.
Why a Lawyer Matters
This charge is a felony, and the difference between it and a misdemeanor often comes down to how the injury is described and proved. Reading the medical records closely, consulting experts, and challenging causation can change the outcome. Attorney William J. Barabino has defended assault cases for 23 years. Call 781-393-5900.
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Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
