Domestic Assault and Battery
A Domestic Assault and Battery charge in Massachusetts will not be resolved quickly. Often, the parties are back together before the first court date, making it appear as though the charge will be quickly dismissed. This is far from the case.
- Even if the alleged victim does not wish to go forward with the case, the prosecutor will still attempt to pursue the charges, relying on other evidence to prove the case.
As a Domestic Assault and Battery Lawyer in Massachusetts, it is common for prosecutor to rely on the following to prove a case without the involvement of the alleged victim:
- A 911 Call
- A confession of the defendant
- Observations of other witnesses.
What happens if the victim does wish to pursue the charge?
Many times the victim of an assault and battery charge may have a motive to fabricate the charges in order to get back at the accused.
This sometimes occurred during divorce proceedings, custody disputes or break up of relationships. If the victim does wish to proceed with the case, you will need to prepare a defense showing the motivation of the victim to fabricate in order to contest her testimony at trial.
- Self defense; in a self-defense case, a defense attorney can obtain prior violent acts of the alleged victim to argue that the victim was the aggressor. In the case of Commonwealth v. Adjutant, the Massachusetts Supreme Judicial Court allowed criminal defense attorneys to admit this evidence at trial to support a claim of self defense.
- Fabrication by the victim
- Ulterior motivation to lie or try to use the criminal process for some improper purpose.
Potential Penalties for a Domestic Assault and Battery:
In addition to potential jail time, a domestic assault and battery charges with it potentially restrictive probation terms including attendance at an anger management program or a certified batter’s program. The certified batter’s program is a very long and intensive program that is time consuming and is a very onerous condition of probation.
- What is the next step you should take?
A domestic assault and battery is a serious criminal charge. If you are charged with a domestic assault and battery do not talk to anyone, call Attorney DelSignore so he can begin preparing your defense, interviewing witnesses and preparing to negotiate a dismiss of the charges with the prosecutor or prepare the case for trial.
Call 781-686-5924 or (508) 455-4755 today to set up a free consultation with Massachusetts criminal defense lawyer.
- Governor signs Bill creating new crimes against suspects in domestic violence Massachusetts Governor Deval Patrick recently signed into law a new senate act on domestic violence and sexual assaults. The legislation, known as ....
- Westborough criminal defense lawyer explains witness intimidation law One of the most common charges when a defendant is charged with a domestic assault and battery in Westborough, Massachusetts, is that the charge will ....
- What injuries constitute "serious bodily injury" when charged with an assault and battery in Massachusetts When facing an assault and battery charge in Massachusetts a defendant may face the more severe charge of assault and battery causing serious bodily ....