Massachusetts Assault and Battery Laws: Charges and Penalties (2026)

Massachusetts punishes "an assault or an assault and battery" together in one statute, G.L. c. 265, s. 13A, which sets the penalty but does not define either word. The Supreme Judicial Court applies the common-law meaning: an assault is an attempted battery or putting someone in fear of an immediately threatened battery, and a criminal battery is a harmful or offensive touching (Commonwealth v. Gorassi, 432 Mass. 244 (2000)). Plain assault or assault and battery is a misdemeanor punishable by up to 2 1/2 years in a house of correction or a fine of up to $1,000. It becomes a felony when it causes serious bodily injury, is committed on a person the defendant knows or has reason to know is pregnant, or is committed on someone the defendant knows holds an outstanding restraining, vacate or no-contact order against him. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the assault and assault and battery offenses in Massachusetts General Laws chapter 265 (sections 13A, 13C, 13D, 13F, 13I, 13J, 13K, 13M, 15, 15A, 15B, 15C, 15D, 15E, 15F, 29 and 39), assaults by people in custody under G.L. c. 127, s. 38B, the felony definition in G.L. c. 274, s. 1, and the civil filing period in G.L. c. 260, s. 4. It does not cover self-defense and justification (see Massachusetts self-defense laws), abuse prevention orders (see Massachusetts restraining order laws), sexual offenses, federal assault crimes (covered on the assault and battery hub) or local ordinances.

Assault vs. assault and battery in Massachusetts

Massachusetts does not have a separate battery statute. The base offense is written as one phrase. G.L. c. 265, s. 13A(a) provides:

"Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000."

Because the statute only prescribes the punishment, the elements come from the common law. In Commonwealth v. Gorassi, the Supreme Judicial Court explained:

"Under the common law, an assault may be accomplished in one of two ways"

The two ways are "by an attempted battery, or by putting another in fear of an immediately threatened battery."

The same passage notes that "criminal battery is harmful or offensive touching" and describes section 13A as "prescribing penalty for, but not defining elements of, assault." The court added that for an attempted-battery assault "there is no requirement that the victim be aware of the attempt or be put in fear by it," while a threatened-battery assault requires "objectively menacing" conduct meant to put the victim in fear of immediate bodily harm.

In practice, then, a charge of "assault" in Massachusetts covers an attempt or a threat, and "assault and battery" covers an actual harmful or offensive touching. Both sit in the same section and carry the same base penalty.

Is assault a felony in Massachusetts?

Massachusetts decides felony or misdemeanor by where a person can be imprisoned. G.L. c. 274, s. 1 states: "A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors."

Simple assault or assault and battery under 13A(a) is punishable only in a house of correction, so it is a misdemeanor. Section 13A(b) adds state prison for three situations, which makes them felonies. A person commits the aggravated offense by an assault or an assault and battery:

• "upon another and by such assault and battery causes serious bodily injury";
• "upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant"; or
• upon another "who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment" issued under the listed family and abuse-prevention statutes, "in effect against him at the time."

That offense carries up to 5 years in state prison or up to 2 1/2 years in a house of correction, or a fine of up to $5,000, or both. Assault by means of a dangerous weapon, assault and battery by means of a dangerous weapon, strangulation, assault and battery by firearm or syringe, assault with intent to murder or maim, and assault and battery on a child under 14 or on an elder or person with a disability are also punishable in state prison.

Massachusetts assault offenses and penalties

Massachusetts does not use lettered offense classes in these sections. Each section sets its own penalty, and the felony or misdemeanor label in the table follows G.L. c. 274, s. 1: an offense punishable in state prison is a felony. Every figure in the table is a limit set by the statute itself: "up to" figures are maximums, and the stated minimums apply only where the section sets one. Assaults with intent to rob or steal (sections 18, 18A and 20) are separate offenses not listed here.

Serious bodily injury, bodily injury and dangerous weapons

Chapter 265 has no single definitions section for assault. Each section defines its own injury terms, and the wording differs.

• Section 13A(c) defines "serious bodily injury" as "bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death."
• Sections 13D and 13K use a slightly different definition: bodily injury "which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death."
• Section 13J, the child-victim statute, defines "bodily injury" as "substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child's health or welfare." That is a higher bar than the ordinary meaning of the words.
• Section 13K, the elder and disability statute, uses a similar definition: "substantial impairment of the physical condition," including any burn, bone fracture, subdural hematoma or internal organ injury.

Sections 15A and 15B do not define "dangerous weapon" in the text quoted above. In Commonwealth v. Appleby, 380 Mass. 296 (1980), a case under section 15A involving a riding crop, the Supreme Judicial Court said that "Courts have classified dangerous weapons into two categories: those dangerous per se and those dangerous as used," that weapons which are not dangerous per se but may be used in a dangerous fashion can also be dangerous weapons, and that "Generally it is held to be a question for the fact finder whether the instrument was so used in a particular case." Section 15A has been rewritten since Appleby was decided.

Assaulting a police officer, nurse, transit worker or other protected person

Massachusetts protects several groups through separate sections. The wording matters, because each section names its own people and conditions.

Public employees and transit workers (13D). Since March 3, 2026, the first paragraph of section 13D reads: "Whoever commits an assault and battery, including assault and battery by means of a bodily substance, upon any public employee, public transit worker or any transit worker contracted or employed to operate public transit services, when such person is engaged in the performance of their duties at the time of such assault and battery," shall be punished by 90 days to 2 1/2 years in a house of correction or a fine of $500 to $5,000, or both. "Bodily substance" means "any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces." Section 13D does not define "public employee" in its text.

Police officers (13D). Two felony tiers apply. A 13D offense that "includes an attempt to disarm a police officer in the performance of the officer's duties" carries up to 10 years in state prison, or a fine of up to $1,000 and up to 2 1/2 years in a jail or house of correction. An assault and battery on a police officer engaged in the performance of duties that "causes serious bodily injury to the officer" carries 1 to 10 years in state prison or 1 to 2 1/2 years in a house of correction, and the section states: "No sentence imposed pursuant to this section shall be for less than a mandatory minimum term of imprisonment of 1 year."

EMTs and health care providers (13I). An assault or an assault and battery on "an emergency medical technician, an ambulance operator, an ambulance attendant or a health care provider as defined in section 1 of chapter 111, while the technician, operator, attendant or provider is treating or transporting a person in the line of duty" carries 90 days to 2 1/2 years in a house of correction or a fine of $500 to $5,000, or both. The chapter 111 definition of health care provider includes doctors of medicine, osteopathy and dental science, registered nurses, registered pharmacists, social workers, chiropractors and psychologists licensed under chapter 112, among others.

Elders and people with disabilities (13K). An "elder" is "a person sixty years of age or older," and a "person with disability" is "a person with a permanent or long-term physical or mental impairment that prevents or restricts the individual's ability to provide for his or her own care or protection." Assault and battery on either is punishable by up to 3 years in state prison, rising to up to 5 years with bodily injury and up to 10 years with serious bodily injury.

Children under 14 (13J and 15A(c)). Assault and battery on a child under 14 that causes bodily injury carries up to 5 years in state prison; causing substantial bodily injury carries up to 15 years. A person 18 or older who commits assault and battery by means of a dangerous weapon on a child under 14 faces up to 15 years under 15A(c)(iv).

Corrections staff (c. 127, s. 38B). A person in custody who assaults an officer, employee, volunteer or contractor employee of a jail, house of correction, trial court detention facility or state prison, or an officer transporting a prisoner, faces up to 2 1/2 years in a jail or house of correction or up to 10 years in state prison.

Chapter 265 contains no assault section written specifically for teachers, sports officials or retail workers. Whether a particular worker falls within 13D depends on whether the worker is a "public employee" or transit worker as that section uses the terms.

Strangulation and suffocation

Section 15D makes strangulation and suffocation their own felony. "Strangulation" is "the intentional interference of the normal breathing or circulation of blood by applying substantial pressure on the throat or neck of another," and "suffocation" is the same interference "by blocking the nose or mouth of another." The basic offense carries up to 5 years in state prison or up to 2 1/2 years in a house of correction, or a fine of up to $5,000, or both.

The aggravated tier in 15D(c), up to 10 years in state prison or up to 2 1/2 years in a house of correction and a fine of up to $10,000, applies when the strangulation or suffocation causes serious bodily injury, is committed on a person the defendant knows or has reason to know is pregnant, is committed by a person convicted "after having been previously convicted" as the subsection describes, or is committed with knowledge that the person has an outstanding vacate, restraining or no-contact order.

Domestic assault and battery in Massachusetts

Massachusetts has a separate offense for assault or assault and battery on a family or household member, G.L. c. 265, s. 13M. A first offense carries up to 2 1/2 years in a house of correction or a fine of up to $5,000, or both. A second or subsequent offense carries up to 2 1/2 years in a house of correction or up to 5 years in state prison, which makes it a felony.

For section 13M, a "family or household member" means persons who "(i) are or were married to one another, (ii) have a child in common regardless of whether they have ever married or lived together or (iii) are or have been in a substantive dating or engagement relationship." Under 13M(d), for any violation, or as a condition of a continuance without a finding, "the court shall order the defendant to complete a certified batterer's intervention program unless, upon good cause shown, the court issues specific written findings describing the reasons that batterer's intervention should not be ordered or unless the batterer's intervention program determines that the defendant is not suitable for intervention."

Assaulting someone the defendant knows holds an outstanding restraining, vacate or no-contact order against him is the felony in 13A(b)(iii), and the same circumstance raises dangerous-weapon assault and battery and strangulation to their aggravated tiers. Abuse prevention orders themselves are covered in Massachusetts restraining order laws.

Federal law adds a firearm consequence: under 18 U.S.C. 922(g)(9), a person convicted of a "misdemeanor crime of domestic violence" may not ship, transport, possess or receive firearms or ammunition in or affecting commerce. The assault and battery hub covers the federal layer.

Recent changes to Massachusetts assault law

• Transit workers and bodily substances (2026). Chapter 79 of the Acts of 2025, "An Act relative to assault and battery upon a transit worker," was approved December 3, 2025 and took effect March 3, 2026. It rewrote the first paragraph of 13D to add public transit workers and contracted transit workers and to cover assault and battery "by means of a bodily substance."

Civil lawsuits for assault and battery

A criminal prosecution and a civil lawsuit for damages are separate cases. G.L. c. 260, s. 4 lists "actions for assault and battery" among the actions that "shall be commenced only within three years next after the cause of action accrues." If the injured person was a minor or incapacitated by mental illness when the claim accrued, the action may be commenced within that period after the disability is removed (G.L. c. 260, s. 7). Tort actions alleging sexual abuse of a minor may be brought within 35 years of the acts or within 7 years of discovery, whichever is later (s. 4C). For other filing deadlines, see the Massachusetts statute of limitations guide.

Related legal issues

• Self-defense. Whether force was justified is a separate body of law; see Massachusetts self-defense laws.
• Abuse prevention orders. See Massachusetts restraining order laws.
• Clearing a record. Whether an assault record can be sealed or expunged is covered in Massachusetts expungement laws.

Related pages

• Assault and battery laws by state
• Massachusetts self-defense laws
• Massachusetts restraining order laws
• Massachusetts expungement laws
• Massachusetts statute of limitations
• Connecticut assault and battery laws
• Rhode Island assault and battery laws

This article provides general legal information about Massachusetts assault law, not legal advice. Laws change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in Massachusetts.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the difference between assault and battery in Massachusetts?

G.L. c. 265, s. 13A punishes assault and assault and battery in one section without defining them. Under Commonwealth v. Gorassi, an assault is an attempted battery or putting someone in fear of an immediately threatened battery, and a criminal battery is a harmful or offensive touching.

Is assault and battery a felony in Massachusetts?

Simple assault or assault and battery under 13A(a) is a misdemeanor, punishable by up to 2 1/2 years in a house of correction or a $1,000 fine. It is a felony under 13A(b), up to 5 years in state prison, when it causes serious bodily injury, targets a person known or reasonably known to be pregnant, or violates a known outstanding restraining, vacate or no-contact order.

What is the penalty for assault and battery with a dangerous weapon in Massachusetts?

Under G.L. c. 265, s. 15A(b), up to 10 years in state prison or up to 2 1/2 years in a house of correction, or a fine of up to $5,000, or both. Section 15A(c) raises the maximum to 15 years for serious bodily injury, a victim known or reasonably known to be pregnant, a victim the defendant knows has an outstanding protective order against him, or an adult attacking a child under 14.

What happens if you assault a police officer in Massachusetts?

Assault and battery on a police officer performing official duties that causes serious bodily injury carries 1 to 10 years in state prison or 1 to 2 1/2 years in a house of correction, with a 1-year mandatory minimum (G.L. c. 265, s. 13D). A 13D offense that includes an attempt to disarm the officer carries up to 10 years.

Is it a crime to assault a nurse or EMT in Massachusetts?

Yes. G.L. c. 265, s. 13I covers an assault or assault and battery on an EMT, ambulance operator, ambulance attendant or health care provider while treating or transporting a person in the line of duty, with 90 days to 2 1/2 years in a house of correction or a fine of $500 to $5,000, or both.

Is spitting on a transit worker assault and battery in Massachusetts?

Since March 3, 2026, G.L. c. 265, s. 13D covers assault and battery, including by means of a bodily substance such as saliva, on a public employee, public transit worker or contracted transit worker performing their duties. The penalty is 90 days to 2 1/2 years in a house of correction or a fine of $500 to $5,000, or both.

What is domestic assault and battery in Massachusetts?

G.L. c. 265, s. 13M makes assault or assault and battery on a family or household member a separate offense: up to 2 1/2 years in a house of correction or a $5,000 fine for a first offense, and up to 5 years in state prison for a second or subsequent offense.

Is strangulation a felony in Massachusetts?

Yes. Strangulation or suffocation under G.L. c. 265, s. 15D carries up to 5 years in state prison, and up to 10 years when it causes serious bodily injury, involves a person the defendant knows or has reason to know is pregnant, follows a prior conviction as the section describes, or violates a known protective order.

How long do you have to sue for assault and battery in Massachusetts?

G.L. c. 260, s. 4 requires actions for assault and battery to be commenced within three years after the cause of action accrues. If the injured person was a minor or incapacitated by mental illness when the claim accrued, the period runs from when that disability ends (s. 7); tort claims of sexual abuse of a minor have a separate, longer period (s. 4C).