Plymouth Assault and Battery Lawyer
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ToggleAssault and battery charges often come out of moments that happened fast. An argument at a bar got out of hand. A disagreement at home turned physical. Someone grabbed, pushed, or swung, and now police reports describe the incident in a way that may not match what you remember. Being accused of hurting someone is hard, especially if the other person is a partner, family member, or friend you care about.
Attorney Samantha Cremin is a criminal defense attorney in Plymouth who represents people facing these charges throughout Plymouth County. She knows that good people sometimes end up in bad situations, and that the full story is rarely captured in a police report. She will listen carefully to what happened, without judgment, and then build a defense that tells your side clearly and forcefully.
The Difference Between Assault and Battery in Massachusetts
Massachusetts treats assault and assault and battery under the same statute, M.G.L. c. 265, § 13A, but they are different offenses. An assault can be an attempted battery or an act that puts someone in reasonable fear of an immediate battery. A battery is an intentional, unjustified touching, which can be harmful or simply offensive. No injury is required for a battery charge.
Simple assault and battery is a misdemeanor punishable by up to two and a half years in a house of correction or a fine of up to $1,000. The penalties increase when there are aggravating factors, such as serious bodily injury, a victim who is pregnant, or a victim who has a protective order against the accused.
An assault and battery attorney in Plymouth can look at the exact charge on your complaint and explain what the Commonwealth has to prove. Before you dig into the statutes, it may help to read about how the criminal process works in Massachusetts and what happens at a clerk magistrate hearing, since many assault cases start there.
What Types of Assault Charges Does Attorney Cremin Defend?
As an assault and battery lawyer in Plymouth, Attorney Cremin handles:
- Simple assault and assault and battery under M.G.L. c. 265, § 13A
- Assault and battery on a family or household member under M.G.L. c. 265, § 13M, often called domestic assault and battery
- Assault and battery with a dangerous weapon (ABDW) under M.G.L. c. 265, § 15A
- Assault with a dangerous weapon under M.G.L. c. 265, § 15B
- Strangulation or suffocation under M.G.L. c. 265, § 15D
- Assault and battery on a police officer or public employee under M.G.L. c. 265, § 13D
The “dangerous weapon” label can apply to more than guns and knives. Courts have treated everyday objects, including shoes and cars, as dangerous weapons depending on how they were used. That is one reason it helps to have a lawyer for assault charges review the facts closely.
Common Defenses to Assault and Battery Charges
Every case is different, but common defenses include:
- Self-defense or defense of another person, when you reasonably believed force was needed
- Lack of intent, where contact was accidental
- Consent, in situations like sports or mutual horseplay
- Mistaken identity, especially in crowded settings or late at night
- Inconsistent or unreliable witness statements
- False accusations made out of anger, jealousy, or to gain an advantage in a custody or divorce case
A Plymouth assault and battery attorney will also look at how police handled the investigation, what witnesses actually saw, and whether any video, phone records, or medical records support your account.
Can an Assault and Battery Charge be Dismissed?
It can, depending on the facts. Some cases are stopped at a clerk magistrate hearing before a complaint issues. Others are dismissed because key witnesses don’t appear or the evidence doesn’t hold up. In other cases, the best resolution may be pretrial probation or a continuance without a finding, which can lead to dismissal if you complete certain conditions such as anger management or staying away from a particular person. Attorney Cremin will tell you honestly what she thinks is achievable in your case.
What Should I Do if I’m Charged With Assault and Battery?
- Follow every condition of release, including any no-contact order, even if the other person reaches out to you.
- Don’t discuss the incident with police, the alleged victim, or mutual friends.
- Save any texts, voicemails, photos, or social media messages related to the incident.
- Write down the names of anyone who saw what happened.
- Contact a lawyer for assault charges before your arraignment or hearing.
Why Hire Sam Cremin As Your Plymouth Assault and Battery Lawyer
Sam Cremin knows that an assault charge can make you feel like the worst version of yourself has become your whole identity. She doesn’t see clients that way. She sees people who are dealing with stress, conflict, and sometimes a moment they regret, and who deserve someone in their corner.
She is approachable and easy to talk to, and she listens closely enough to catch the details that matter for your defense. In court, she advocates for you with determination, whether you are facing a misdemeanor complaint or a felony charge in Superior Court. As a solo practitioner, she handles your case personally from beginning to end.
If you are facing assault and battery charges in Plymouth County, contact Attorney Cremin today. Fill out the online form to schedule an obligation-free, confidential consultation, or call to speak with her directly.