Commonwealth v. Jean-Pierre

Under G. L. c. 265, § 13A, as amended by St. 2002, c. 35, § 1, an assault and battery is subject to enhanced penalties if it “causes serious bodily injury.” See G. L. c. 265, § 13A(b)(i), (iii). The statute, in subparagraph (c), defines “serious bodily injury” to mean “bodily injury that results in a permanent disfigurement, loss or impairment of a bodily fuñetian, limb or organ, or a substantial risk of death.” The defendant concedes that the blow he landed to the victim’s jaw (which broke the jaw and required the victim to be fed through a tube for six weeks pending his recovery) impaired a…