Assault & Battery Defense
Expert Defense
Attorney Patrick M. Gioia has extensive experience litigating assault and battery related offenses. There are several viable defenses to an allegation of assault and battery and include: self – defense; mis-identification; and fabrication. Vital to a successful defense are an attorney’s ability to evaluate the nature and circumstances of the case, vet the credibility of witnesses, and cross examine the accuser. Attorney Patrick M. Gioia has successfully represented defendants charged with assault and battery throughout the courts of Massachusetts. He has achieved measured and sustained success in the courtroom. Contact Attorney Gioia today for expert counsel you can depend on.
Trusted Counsel
There are several different assault and battery related offenses in Massachusetts. The most common are simple assault, assault and battery, domestic assault and battery, and assault and battery with a dangerous weapon. To prove assault and battery, the Commonwealth must show, First: That the defendant touched the person of the alleged victim; Second: That the defendant intended to touch the alleged victim; and Third: That the touching was either likely to cause bodily harm to the alleged victim, or was offensive. See Commonwealth v. Ford, 424 Mass. 709, 711 (1997) (assault and battery is a general intent crime and does not require specific intent to injure the victim). There is a second way the Commonwealth may prove assault and battery. Instead of intentional conduct, it involves reckless conduct that results in bodily injury. See Commonwealth v. Burno, 396 Mass. 622, 625-627 (1986) (“the intentional commission of a wanton or reckless act causing physical or bodily injury to another”).
Under the Sixth Amendment to the United States Constitution, a criminal defendant has the the right to confront his or her accuser. This is done through cross-examination. Cross-examination is the time tested method for a defendant to challenge the allegations against them, and to clear their name of wrongful charges. Adept cross-examination is the product of comprehensive preparation; there are no short cuts. Often, a successful defense to an allegation of assault and battery will boil down to skilled cross-examination. Attorney Patrick M. Gioia has successfully represented defendants charged with assault and battery throughout the state of Massachusetts. Contact Attorney Gioia today for trusted counsel you can depend on.