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  1. #1
    mau99 is offline Member
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    When is assault and battery a misdemeanor and when is it a felony?

    What is the name of your state (only U.S. law)?
  2. #2
    Silverplum is offline Senior Member
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    Quote Originally Posted by mau99 View Post
    What is the name of your state (only U.S. law)?
    I guess you'll have to search your (unnamed) US state for the laws.
  3. #3
    mau99 is offline Member
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    When is assault a misdemeanor and when is it a felony?

    Quote Originally Posted by mau99 View Post
    What is the name of your state (only U.S. law)?
    I'm sorry, my state is Massachusetts.
  4. #4
    Silverplum is offline Senior Member
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    Quote Originally Posted by mau99 View Post
    I'm sorry, my state is Massachusetts.
    It's okay, people forget all the time.

    Here are two sites. The first is the law in MA:
    http://law.onecle.com/massachusetts/265/index.html

    The second is an explanation:
    http://www.masscriminaldefense.com/assault.htm

    I have no connection to the attorney, just found his explanation helpful.

    It appears that the intent of the person committing the assault is considered in charging felony or misdemeanor.
  5. #5
    latigo is offline Senior Member
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    Quote Originally Posted by mau99 View Post
    I'm sorry, my state is Massachusetts.
    In Massachusetts “All crimes punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.” Massachusetts General Laws Section Chapter 274 Section 1.

    But as posted your question is unanswerable. Why?

    Because there a number of different crimes described in MGL Title I Crimes and Punishment, Chapter 265 Crimes against the person, that are classified as assault and assault and battery. The maximum incarceration for each varying from 2 ½ years in "a house of correction" to several years in the "state prison".

    And you have yet to mention which of the many categories you are concerend with.

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