Chapter 265 Section 20 of the Massachusetts Criminal Code states simple assault as whoever, not being armed with a dangerous weapon, assaults another with force and violence and with intent to rob or steal, shall be punished by imprisonment in the state prison for not more than ten years.
So what does that mean and how does simple assault differ from assault and battery?
The first noted difference is the use of a dangerous weapon. A dangerous weapon can be anything from a firearm to an object not usually used to cause another harm but was nevertheless used for that purpose, such as a baseball bat or drinking glass.
The second, and possibly the more important difference between simple assault and assault and battery is the mental intent of the assailant. Both simple assault and assault and battery involve assaulting another with force. However, the key difference is during an assault and battery, the assailant’s intent is to cause physical harm or fear of physical harm to the victim. Whereas, the intent behind a simple assault to is commit a separate crime…theft.
Word of advice: Despite sounding like a lesser offense, simple assault is a serious felony that carries a maximum punishment of ten years in state prison. If you are facing a section 20 violation, it’s best to contact a lawyer for legal advice.
(855) 254-7841
(855) 254-7841
