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.

Boston, Massachusetts Police Crimes Defense Lawyer

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.

Client Reviews
"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a criminal wanton destruction of property charge in Barnstable District Court. On the day of the case, he was at the courthouse waiting for me and my wife. Mr. Murphy handled the hearing in a very thorough and professional manner putting us through our testimony and making a powerful argument to the decision maker. My case was thrown out and I could not be happier with the service from Attorney Murphy. I highly recommend him to you as a skilled legal advocate!" Rob, Avvo User
"Excellent Criminal Defense Lawyer. From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and able to get the criminal complaint against me dropped without ever becoming charge! Would highly recommend this attorney to anyone seeking a top quality defense attorney to handle their case!" John, Avvo User
"OUI Not Guilty Verdict. Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the prosecutions witnesses. He was very professional and available at anytime night or day to answer questions." Chris, Avvo User
"Highly Skilled and Professional Lawyer. Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole process that I was in good hands and would receive the best possible outcome in my case. Would highly recommended Attorney Murphy." Avvo User
"I Felt That I was in Good Hands... and I Was! Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks with confidence. He doesn't stutter or pause while put on the spot. He treated me with respect. He listens. He always greeted me with a warm welcome and never wasted any time." Avvo User