Assault and Battery on a Pregnant Woman

Massachusetts G. L. c.  265, §13(A)(b) concerns itself with those who commit either an intentional or reckless assault and battery on a pregnant woman. The law dictates that anyone having knowledge or one who should have had knowledge that a woman is pregnant and commits an assault and battery on her, shall be punishable by:
  • Maximum sentence of 5 years in the state prison, or
  • Maximum sentence of 2.5 years in the house of corrections, or
  • Maximum fine of $5,000, or
  • By both fine and imprisonment.
The criminal defense firm at The Law Office of Patrick J. Murphy represents clients in the greater Boston area throughout Massachusetts charged with assault and battery and assault related offenses. The judicial system in Massachusetts can be complicated and unnerving for those facing charges, whether traffic offenses and misdemeanors to serious felonies. Having an educated and experienced Massachusetts criminal defense attorney on your side can make a difference.

In order to be found guilty of an intentional assault and battery on a pregnant woman, the prosecution must be able to prove five elements beyond a reasonable doubt.
  1. The defendant touched the alleged victim having no legal right or excuse;
  2. The touching was done intentionally;
  3. The touching was done contrary to the woman’s wishes, or that the touching was likely to cause bodily harm;
  4. The alleged victim was pregnant at the time of the assault and battery; and
  5. The defendant had knowledge of or had reason to have knowledge of that woman’s pregnancy.
The prosecution is not required to prove that the defendant committed the assault and battery with the purpose of causing injury to the alleged victim.

In order to be found guilty of a reckless assault and battery on a pregnant woman, the prosecution must be able to prove four elements beyond a reasonable doubt:
  1. The defendant acted in a reckless manner;
  2. The defendant’s reckless behavior included an intentional act which result in serious bodily injury to the alleged victim;
  3. The alleged victim was pregnant at the time of the assault and battery; and
  4. The defendant had knowledge of or had reason to have knowledge of that woman’s pregnancy.
The prosecution must also prove that the injury resulting from the defendant’s reckless conduct was serious enough to interfere with the alleged victim’s health or comfort.

Contact a Smart and Talented Boston, Massachusetts Criminal Defense Attorney
If you are involved in a civil or criminal case, the decisions you make may affect your life many years into the future. Consequently, those decisions cannot be made lightly. The Law Office of Patrick J. Murphy is a resourceful Massachusetts criminal defense firm with 18 years of successful experience defending clients facing criminal assault and battery charges. As your attorney, Patrick J. Murphy will keep you informed at every stage of your case, and strive to achieve the best possible outcome available. Call 617-647-0450 to engage the experienced, savvy team at The Law Office of Patrick J. Murphy, or fill out our online contact form.

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