You’ve been charged with assault and battery on a police officer or another public employee, or someone in your family has. Maybe it happened during an arrest, a traffic stop, or a tense moment with a city worker. This charge carries a minimum jail term if jail is imposed, so it’s natural to be worried. Here’s what the law actually says, in plain words.
This post covers what the law says, the 2026 changes, how people end up charged, what the Commonwealth has to prove, the penalties, how this differs from simple assault and battery, and where a defense comes from.
What the Law Says
It’s a crime to commit an assault and battery on a public employee who is doing their job at the time.
The law is G.L. c. 265, § 13D. As amended effective March 3, 2026, it covers “Whoever commits an assault and battery, including assault and battery by means of a bodily substance, upon any public employee, public transit worker or any transit worker contracted or employed to operate public transit services, when such person is engaged in the performance of their duties at the time of such assault and battery.”
The statute doesn’t define “public employee.” Its own text covers police officers: one paragraph deals specifically with an assault and battery on “a police officer” engaged in the officer’s duties.
What Changed in 2026
A 2025 law (St. 2025, c. 79) changed § 13D for offenses on or after March 3, 2026.
- Bodily substances. It now says it includes “assault and battery by means of a bodily substance.” The law defines “bodily substance” as “any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces.”
- Transit workers. It now covers a “public transit worker or any transit worker contracted or employed to operate public transit services.”
- Fine and jail together. The basic penalty now ends with “or both,” so a court can impose both a fine and jail.
For conduct before March 3, 2026, the earlier wording applies. It covered “any public employee” engaged in their duties and didn’t mention bodily substances or transit workers.
What “Assault and Battery” Means
Section 13D doesn’t define “assault and battery,” so courts use the long-standing meaning.
The Supreme Judicial Court has said there are “two theories of assault and battery: intentional battery and reckless battery,” and that an intentional assault and battery is “the intentional and unjustified use of force upon the person of another, however slight” (Commonwealth v. Porro, 458 Mass. 526, 529–530 (2010)). In plain words:
- Intentional: you touched the person on purpose, without a right or excuse to do it. Even a slight touch can count.
- Reckless: reckless conduct that results in a touching that causes physical injury. The court said in the same case that, under this theory, “an unconsented touching is not sufficient.”
How People End Up Facing This Charge
Most of these cases come from a tense moment between a person and someone working for the government.
- During an arrest, someone pulls away and their elbow strikes the officer. The question is whether that was a touching of an officer “engaged in the performance of” the officer’s duties.
- At a traffic stop, a driver shoves an officer’s hand away from the car door. Even a slight use of force can be a battery.
- Someone spits on an officer or another public employee. Since March 3, 2026, the law expressly covers assault and battery “by means of a bodily substance,” including saliva.
- A rider pushes a bus driver during an argument over a fare. Since March 3, 2026, the law expressly covers public transit workers.
- A parent grabs a public school employee’s arm during a heated meeting at school. The charge depends on whether the person is a public employee doing their job.
- During a struggle, someone reaches for an officer’s gun belt. If it includes “an attempt to disarm a police officer,” a much higher penalty applies.
What the Commonwealth Must Prove
The Commonwealth (the state, through the prosecutor) has to prove each element beyond a reasonable doubt.
For the basic charge, the Commonwealth must prove:
- You committed an assault and battery, either intentional or reckless, as described above;
- The person was a public employee (or, since March 3, 2026, a public transit worker or a transit worker contracted or employed to operate public transit services);
- The person was “engaged in the performance of” their duties at the time; and
- You knew the person was a public employee doing their job. The Appeals Court has said “the defendant must know that the victim was an officer engaged in the performance of his duties” (Commonwealth v. Moore, 36 Mass. App. Ct. 455, 461 (1994)).
For the higher penalties, the Commonwealth must also prove:
- Disarming: that the offense included “an attempt to disarm a police officer in the performance of the officer’s duties”; or
- Serious bodily injury: that the person was a police officer doing the officer’s duties, and the assault and battery caused “serious bodily injury.” The law defines that as injury “which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death.”
An element is one required piece of the crime. If the Commonwealth can’t prove any one of them, you can’t be convicted. Read more about criminal intent and proof beyond a reasonable doubt.
Penalties
The penalty depends on which part of § 13D applies.
Basic offense:
- 90 days to 2½ years in the house of correction, or
- A fine of $500 to $5,000, or
- Both (for offenses on or after March 3, 2026).
With an attempt to disarm a police officer:
- Up to 10 years in state prison, or
- A fine of up to $1,000 and up to 2½ years in a jail or house of correction.
Causing serious bodily injury to a police officer:
- 1 to 10 years in state prison, or 1 to 2½ years in the house of correction;
- A mandatory minimum of 1 year, with a possible fine of $500 to $10,000 on top of it, but not instead of it;
- The case can’t be “placed on file or continued without a finding,” and there’s no probation, parole, work release, furlough, or good-conduct deduction until the 1-year minimum is served.
Read more about mandatory minimum sentences and a continuance without a finding.
Felony or Misdemeanor?
The basic offense is a misdemeanor, but the disarming and serious-injury versions are felonies.
Under G.L. c. 274, § 1, “a crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.” The basic § 13D penalty is house of correction time, so it’s a misdemeanor. The disarming and serious-injury paragraphs allow state prison, so those are felonies.
How This Is Different From Simple Assault and Battery
Section 13D is assault and battery plus a public employee doing their job, and it carries tougher penalties.
- Assault and battery (G.L. c. 265, § 13A(a)): an assault or assault and battery on anyone. Up to 2½ years in a house of correction or a fine of up to $1,000.
- Section 13D: the same act on a public employee engaged in their duties. If jail is imposed, it’s at least 90 days. The fine range is $500 to $5,000.
- The extra elements. Under § 13D, the Commonwealth must also prove the person’s status as a public employee (or transit worker) and that they were performing their duties at the time.
Related Charges
Other charges often come up in the same incident.
Where a Defense Comes From
A defense starts with each element and the proof behind it.
- The touching. Was there a touching at all, and was it intentional, or reckless and injury-causing?
- Right or excuse. An intentional battery is an “unjustified” use of force. Read about self-defense and accident.
- The person’s status. Was the person a public employee or covered transit worker?
- Performing duties. Was the person “engaged in the performance of” their duties at the time?
- The date. The bodily-substance and transit-worker language applies only from March 3, 2026.
- Higher-penalty facts. Was there really an attempt to disarm, or an injury that meets the law’s definition of serious bodily injury?
Frequently Asked Questions
Is spitting on a police officer assault and battery in Massachusetts?
Since March 3, 2026, § 13D expressly includes assault and battery “by means of a bodily substance,” and the law’s definition of bodily substance includes saliva.
Is assault and battery on a police officer a felony?
The basic offense is a misdemeanor. It’s a felony if it includes an attempt to disarm a police officer or causes serious bodily injury to an officer, since those allow state prison.
Is there a mandatory jail sentence?
For the basic offense, no. The court can impose a fine instead, but any jail term must be at least 90 days. For serious bodily injury to a police officer, there’s a mandatory minimum of 1 year.
Facing This Charge? Talk to a Lawyer
This charge turns on what happened, who the other person was, and whether they were doing their job. You don’t have to face it alone. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense and represents clients throughout Greater Boston.
Call 781-393-5900 to talk about your charge and your options.
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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.
