How Long Will it Take for a Domestic Assault and Battery Charge in Massachusetts to be Resolved in Court?

Charged with Domestic Assault and Battery in Massachusetts and wondering how long it will take to resolve your case. Attorney Michael DelSignore is a Massachusetts Criminal Defense Lawyer will over 20 years experience in Courts statewide who can answer your question.

While the time it takes to resolve a case will vary from Court to Court, it is generally a 4 to 6 month process if the alleged victim is not willing to prosecute the case. The process can take longer if the alleged victim is willing to testify and the case is expected to be an actual jury trial.

The most common call Attorney DelSignore receives is from someone saying they were charged but their wife, husband, or girlfriend does not wish to prosecute the case. Here is what happens in these situations:

In many Massachusetts domestic assault and battery cases, the alleged victim is not on board with the prosecution, meaning the person who is the victim wants the case dismissed or never wanted you arrested. Often, the victim will inform the District Attorney only to find that the charges are not being dismissed. This is very common and DelSignore Law can guide you through the process of obtaining a dismissal under these circumstances.

The answer to this question is that it is usually four to six months if the victim does not want the case prosecuted and there are no additional ways to prove the case without the cooperation of the alleged victim:

1. 911 call that qualifies as non-testimonial under the Sixth Amendment.
2. Confession on your part that you committed the domestic assault and battery cases
3. Independent witness and or video evidence.

Often, a husband or wife may be charged as a result of a misunderstanding, argument that resulted in the police being called to the house. Police officers are required to make an arrest when there is an allegation of domestic assault and battery.

This means that many are charged even when the alleged victim does not wish the case to proceed. It is common for a wife, girlfriend or a family member to call the district attorney to drop the case.

• When you get advice from Attorney DelSignore, you are getting advise other lawyers seek out and the media as Attorney DelSignore has been quoted in the media on domestic assault and battery issues and spoke at a Statewide Conference for Lawyers on how to defend Domestic Assault cases.

You could face several court dates and be forced to set the case down for trial before the case is dismissed.

Once charges are brought, they are brought by the Commonwealth, NOT the name victim in the case. No matter how insistent a victim is that a case should get dismissed, ultimately, the decision rests solely with the district attorney’s office.

District Attorneys do not quickly dismiss Domestic assault and battery charges. There is a fear over dismissing a case when a defendant may truly present a danger to a victim, so district attorney’s office have policies on how domestic assault and battery case should be handled. This makes otherwise quick-to-resolve cases, longer to work through the court system.

• Delsignore Law Key Points regarding Massachusetts Domestic Assault and Battery Charges

If you have any questions about how soon a Massachusetts domestic assault and battery charge takes to resolve or any other questions about an assault and battery charge, feel free to call or text Attorney DelSignore at x. For Further Information

• Penalties for Massachusetts Domestic Assault and Battery Charges
• Frequently Asked Questions Regarding a Domestic Assault and Battery charge
• Will Bail be required if I am charged with domestic assault and battery in Massachusetts?