Quincy Domestic Violence Lawyer
Those facing domestic violence accusations in Quincy could face severe penalties. Quincy District Court judges are very tough on domestic assault and battery cases.How soon can the case get dismissed?
When you are charged with domestic assault and battery in Quincy, you often want to know how soon can the case get dropped.
It does take time to get a domestic assault and battery case to get dismissed. Prosecutors will not drop a domestic charge simply because the alleged victim did not want to see you prosecuted.
Prosecutors will require that the case be put on for trial in order to resolve them. On the trial date, the Commonwealth will be required to show that they can prove the case. If the complaining witness does not wish to testify, then the Commonwealth can only go forward if they have independent evidence that would allow them to prove the case.
This would include some of the following types of evidence:
- 911 call from the victim that qualities as an excited utterance.
- A witness that saw what happened; typically, there are no independent witnesses in domestic assault and battery cases.
- If you admitted to the allegations, when the officer arrested you, there could be a basis for prosecution even if the victim was not going to cooperate with the prosecutor.
Prosecutors consider domestic violence to be a serious crime. The law permits prosecutors to seek jail sentences and expensive fines in these cases. If you are facing a domestic violence charge, contact an experienced criminal defense lawyer who could help.
A Quincy domestic violence lawyer could defend you against the charges you face and handle your case in a professional and respectful manner.How does Massachusetts Law Define Domestic Violence
Domestic violence occurs when someone commits assault, battery, or another related crime against a family or household member. According to this definition, domestic violence does not always take physical form.
Striking or physically assaulting a family or household member does constitute domestic violence. So, too, does stalking, threatening physical violence, or even withholding basic living necessities such as food or medication.
Traditionally, domestic violence was a criminal action between spouses. Under the recently changed state law, alleged domestic violence victims may now include any family or household member, such as:
- Spouses or former spouses
- Romantic partners
- Roommates or former roommates
- Other relatives
The district attorney aggressively prosecutes domestic violence cases that occur in Quincy. Prosecutors may use police reports, victim and witness statements, and other evidence to support the charges against the accused. A common misconception is that alleged domestic violence victims control whether the case goes to court. However, prosecutors often pursue criminal charges even when an alleged victim does not want to press charges. This means that even in a misunderstanding, a person could still face criminal charges from an overly eager prosecutor. A Quincy domestic violence lawyer could attempt to ensure that an individual receives a fair trial.What Are the Potential Penalties?
Domestic violence charges may mean harsh legal penalties, in part due to the sensitive nature of the offense. Many politicians spent recent years focusing their efforts on creating tough new penalties for domestic violence.
They claim these legal penalties will save lives. Given this focus on domestic violence, a change to state law increased the penalties someone could face upon conviction. A first conviction may be punishable by up to 2.5 years in jails and a maximum fine of $5,000. A subsequent charge may mean up to 2.5 years in jail or five years in state prison.Consulting a Quincy Domestic Violence Attorney
Those facing domestic violence charges could end up facing extreme social penalties in addition to legal consequences. Given the stigma attached to all violent crimes, anyone facing domestic violence charges may face limited job opportunities in the future.
Additionally, a judge may consider domestic violence offenses during child custody cases. Child Protective Services or Adult Protective Services may even become involved after a domestic violence charge. There may be a lot at stake in a domestic violence case.
Therefore, if you are facing such a charge, you should call a defense attorney. A Quincy domestic violence lawyer may be your best chance at achieving a positive result for your case.
You can call or text Attorney DelSignore at (781) 686-5924 to learn how to best handle a domestic assault and battery case in Quincy District Court.