Middlesex County Criminal Attorney DelSignore Law Home
Waltham Domestic Assault and Battery Lawyer
Attorney DelSignore understands steps to handling a domestic assault and battery charge in Waltham District Court
Attorney DelSignore has helped countless people over the years charged with domestic assault and battery. It is a charge he is very familiar with and the various and legal issues that accompany the charge. He are a few of the main questions people have when charged with domestic assault and battery:
What happens if my wife, girlfriend, spouse or family member just wants the charges dismissed, is this really no big deal?Unfortunately, while it is good that the victim is on your side, it does not mean the case will quickly get dismissed. The Middlesex District Attorney could try to prosecute the case without the cooperation of the victim. This can happen if you admitted to the crime or if there is a 911 call from the victim.
How long does the process take?I can typically resolve a domestic case in three or four months depending on whether the victim is on board with the case or wants it dismissed. Generally, if I know that the victim is not going to participate, and there is no independent way for the domestic charge to be proven, I will set the case down for trial. On the trial date, the case would typically be dismissed.
I am not a citizen: Will this impact my immigration status?It is crucial that you understand that if you are not a citizen; you should never admit to a domestic assault and battery charge as it would result in your exclusion from the United States. A domestic assault and battery is considered a crime of moral turpitude and has the consequences of deportation. Attorney DelSignore recently represents someone who had a different lawyer that allowed his client to plea to a CWOF on a domestic charge.
At DelSignore Law, we understand the key issues in a domestic assault and battery case. These include whether any statements you made would be admissible under the Constitutional. If you made an incriminating statement when the officer spoke to you, it is possible we could get that statement excluded as being obtained in violation of your rights under Miranda.
Another major legal issue in a domestic assault and battery case is whether the initial 911 call of the victim can come into evidence. Under the Sixth Amendment you have a right to confront witnesses against you; however, there is case law from the Massachusetts courts that allows a 911 call to possibly come into evidence even if the victim does not testify. Attorney DelSignore is very familiar with Sixth Amendment arguments to keep that evidence from being considered. He wrote an article for Massachusetts Lawyers Weekly which is read by all judges and lawyers all over the State.
To learn more about how to defend a domestic assault and battery charge in Waltham, Massachusetts call or text Attorney DelSignore at 781-686-5924.
