CBS Boston

Assault and Battery on Public Employee

Assault and Battery on a Public Employee- MassachusettsAssault and Battery on a Police Officer (ABPO)- Massachusetts Defense Attorney

In Massachusetts, it is not uncommon for police to incorrectly charge someone with Assault and Battery on a Public Employee. In order to be found guilty of this offense, the prosecution must prove that the alleged victim was engaged in the performance of his or her official duties at the time. It is not uncommon for the police to charge someone with this offense because he/she committed A&B on a person who, at the time, was "on the clock" as a public employee. That is not enough for you to be found guilty. The prosecution must show that the alleged victim was performing some act as part of his/her official duty, and they must also prove that you knew that the person was working as a public employee at the time of the assault and battery. This usually arises in the case of assault and battery on a police officer: If you get into a fight with a plain-clothed police officer, who never identifies himself as such, and you have no other way of reasonably knowing he is working in his official capacity of a police officer, you are not guilty of assault and battery on a public employee. However, you may still be convicted of the lesser included offense of assault and battery.

Unlike a charge of simple Assault and Battery, a conviction for this offense carries a minimum mandatory jail sentence of 90 days, up to 2 1/2 years. This is a significant reason to try to have the charge amended down to the lesser offense of Assault and Battery if you are trying to work out a plea deal.


Even if a police officer has justifiable cause to put his hands on you, that does not mean that he can use excessive force. If you find yourself in danger of physical harm, you can use force commensurate with that which you reasonably believe you are facing. This applies even if the physical harm you are facing is at the hands of an on-duty police officer or other public official. Unfortunately, even if you use reasonable force to protect yourself, you will probably find yourself facing criminal charges of Assault and Battery on a Public Employee. After all, if the officer was employing force against you, he is unlikely to believe (or admit) that his force was excessive. This is an issue that we will take up at trial.

If you find yourself charged with Assault and Battery on a Public Employee in Massachusetts or any other criminal offense, contact my office for your free initial phone consultation:

Urbelis Law, LLC

50 Milk St 16th Floor Boston, MA 02109 Phone: (617) 830-2188

Client Reviews
"Ben Urbelis recently represented me in an OUI case in which I had crashed my car. I honestly did not believe I had any chance of beating it, but fortunately for me Ben was outstanding and all charges were dropped. In my first hearing he was calm, assertive and straight to the point. I was extremely impressed and satisfied. I left my hearing feeling confident that I had made the right choice of hiring him. I am positive I would have lost this case and walked away with an OUI if I hadn't. I am very happy with how he handled my case and how reassured I felt having him as my lawyer." MC
"When I found myself charged with my 3rd DUI I was certain without a doubt that I was facing 6 months to 2 1/2 years in state prison. I can’t believe you were able to guide me calmly through the whole nerve wracking process, never sugar coating anything, staying honest and always keeping me informed the whole time. I still can’t believe that in the end you pulled off a miracle to avoidany jail time. I would recommend you to anyone in the same situation. Thank you so much. You saved me.” JL
"I want to personally thank Ben and his wonderful a staff at Urbelis Law for what an outstanding job they did for my son and his friends! Ben went above and beyond for them, with a successful outcome. I would highly recommend Ben to anyone that would need his services, he was wonderful!" Gina
"Huge thank you to not only my friend, but my lawyer,Ben Urbelis..I presented him with a case that at first was a bit tricky on paper... but we worked hard together and got all information we needed to prove i was innocent! He knew from the get go a year ago that he was gonna smash this case, and he did!! Cant thank you enough man! If anyone needs a lawyer, hes your guy... no question" PB
"Thank you for your excellent representation in this matter. Coming from out of town, it wasreassuringto have an attorney who was so well organized and on top of the process. It was very clear that the judge was not only familiar with you, but had a great deal of respect for you in the courtroom. I appreciate all the effort you put into my case, and thank you again for a successful representation!" RC