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Boston Domestic Assault & Battery Lawyer
Were you arrested and charged with domestic assault and battery in Boston? These charges are extremely common because of Massachusetts’ law, which requires an arrest after a domestic assault and battery call to the Boston Police Department.
Even with little evidence or if the victim begins to recant his or her story to the police, it is mandatory they arrest and take the alleged abuser out of the home or dwelling. In Massachusetts, this is referred to as a zero tolerance policy. This is to ensure safety, but often times may cause a host of problems and leads to many, many, arrests for domestic assault and battery.
Read what our clients have to say:
“Breathing Easier Now”
“A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. However, Attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge, which was ultimately the best-case scenario in my situation. Now I'll be able to go on with my life, having learned a lesson I'll never forget.
Thank you, Michael! ”
You were arrested and charged with domestic assault and battery if your spouse (or girlfriend/boyfriend), family member(s), or roommate(s), allege that you are causing violence towards them. Again, the police need very little evidence to make an arrest for domestic assault and battery, so you may be facing this charge but feel like you should not be.
In regards to Massachusetts’ laws, domestic assault and battery and a regular charge of assault and battery are similar. The only thing that differs is whom the alleged assault is on. In a domestic assault and battery case, by definition, assault is a threat of violence against a family member. Battery, on the other hand, is the physical act of engaging in violence toward the said family member. Battery is considered unlawful and by doing so, you intend to hurt the other individual.
The Victim no longer wants to press charges even though I was arrested. Will the court drop the charges against me?
Following your arrest, if the victim wants to drop charges, unfortunately the district attorney’s office will likely not drop the charges. This is a common misconception, but you should understand that the prosecution would not drop the charges as a way to try to “protect” the victim. Because domestic assault and battery is a complicated charge, dropping the charge is looked at as being an injustice towards the victim, even if the victims themselves wish to drop the charges.
While the charges against you may not be dropped, it is important that you contact an attorney who understands domestic assault and battery laws. Having someone in your corner who knows the laws and how to fight the charge in court could greatly impact your chances of being found not guilty on the charge. If the domestic assault and battery charge involves your spouse, you should know that he or she could assert the marital privilege; this means that your spouse does not legally have to testify against you. A DelSignore Law attorney can explain the marital privilege and other aspects of the case to you.
In order to learn more about domestic assault and battery, feel free to give us a call today. We can review your case and explain the court process to you. In the meantime, visit our website here to learn more about the court process and the charge of domestic assault and battery.
