Boston Domestic Assault & Battery Lawyer
When you are charged with a domestic assault and battery, you want answers to your questions and a fast resolution to the case. In most cases, the person who the police alleged to be the victim, did not even want you arrested. Attorney DelSignore will work to get you the fastest resolution of the case possible and explain to you how the court process works on these cases in Boston Municipal Court and the other courts within 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.
Boston police must make an arrest when there is a domestic call.
How can the case be proven if the Alleged victim does not want the charge to go forward?
Just because the alleged victim wants the charge dismissed does not mean that it will. Prosecutors will attempt to see if they have an independent basis to go forward without the named alleged victim testifying in court. This can be done in the following ways:
- If there is a 911 call from the victim;
- An independent witness to the allegations
- An admission on your part to the crime.
If the prosecutor attempts to go forward based on a 911 call, there are several objections that can be made under the Constitution that this evidence is improper and should not be admissible under the 6th Amendment to the United States Constitution.
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 unwarranted arrests for domestic assault and battery.
Read what our clients have to say:
Why am I being charged with Domestic Assault and Battery?
“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.
What is the difference between domestic assault and battery and assault and battery?
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 not drop the charges. Since it is well known that domestic assaults happen, the district attorney does not drop the charges even if the victim makes the request because the district attorney believes that they are protecting the victim. The Suffolk District Attorney and other district attorney’s office fear that if they dismissed the charge quickly and something happened, they would look like they were not tough on domestic assaults in the public eye.
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.
How do I bring the case to an end if the district attorney will not 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. Without the testimony of the victim, the case will likely be dismissed unless either of the three conditions are met and the district attorney pushes forward with the case on these grounds:
- There is a 911 call from the victim
- You admitted to the charge.
- There are independent witnesses to what occurred.
A DelSignore Law attorney can explain the marital privilege and other aspects of the case to you.Contact DelSignore Law today for assistance
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.
You can call or text Attorney DelSignore on his cell phone to discuss your case at 781-686-5924.