Assault and Battery on a Police Officer or Public Employee

The crime of Assault and Battery on a Police Officer or Public Employee sometimes referred to as ABPO or ABPE in Massachusetts is defined by the Massachusetts Legislature in G.L. c. 265, §13D. This misdemeanor crime is punishable by imprisonment for not less than ninety days or up to two and one-half years in the house of correction. A person convicted of this crime could also be punished by a fine of not less than five hundred dollars or up to five thousand dollars.

Although violence against police officers happens every day in the United States and the statistics of law enforcement officers assaulted or killed while performing their duties are tracked by the FBI, some dishonest police officers lie or embellish accounts of physical violence by members of the general public that are not supported by any physical or documentary evidence. Often, the accusations of violence lead to trumped-up charges against defendants who find themselves in court for the first time also charged with other Massachusetts crimes such as Resisting Arrest, Threat to Commit a Crime, Disorderly Conduct and Disturbing the Peace.

Bad police officers and security personnel often concoct cover-up stories of police abuse by ordinary citizens to substantiate their own violent actions against ordinary people. The police have the power and the weapons and some bad police officers will falsify their police incident reports and apply for as many criminal charges they can dream up against someone they do not like or somebody they perceived to have a “bad attitude.” In these situations, it is very important to hire a Massachusetts criminal defense lawyer who as tried these kinds of cases many times with success. The bottom line is that you have to hire a criminal defense attorney who is not afraid to put the police on trial and one who will aggressively confront and cross-examine arresting officers and witnesses and challenge every aspect of their false accusations to clear your good name.

In order for the Commonwealth or prosecutor to prove the crime of assault and battery against a police officer or public employee the following six elements beyond a reasonable doubt:

1. That the defendant touched the person of the alleged victim without having any right or excuse for doing so;
2. That the defendant intended to touch the alleged victim;
3. That the touching was either likely to cause bodily harm to the alleged victim or that it was done without his or her consent;
4. That the alleged victim was a police officer or public employee;
5. That the defendant knew that the alleged victim was a police officer or public employee; and
6. That the police officer or public employee was engaged in the performance of his duties when the alleged incident occurred.

Rather than intentional touching a person may also be found guilty of an assault and battery on a police officer or public employee in Massachusetts by engaging in reckless conduct that in bodily injury to the alleged victim.

The Law Office of Patrick J. Murphy has the unique experience and courtroom ability to successfully defend anyone charged with assaulting a Massachusetts law enforcement officer or public employee. Contact Attorney Murphy today for a free criminal defense legal consultation.