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When is a Domestic Assault and Battery a Felony or Misdemeanor in Massachusetts?

A commonly asked question by those charged with domestic assault and battery in Massachusetts is whether the offense is a misdemeanor or felony. The difference between a misdemeanor and a felony is based on the severity of the crime, and how much time a person could serve in prison if convicted of the crime.

Domestic assault and battery boxes Defenses to a Felony Domestic Assault & Battery Charge

Sometimes a domestic assault and battery will be overcharged, meaning that a defense attorney may be able to have it reduced to a misdemeanor level by plea agreement or through a motion to dismiss from a felony to misdemeanor.

As mentioned in the table above, assault and battery with a dangerous weapon is considered a felony charge. But what does the court define as a dangerous weapon?

A dangerous weapon is anything that is used in a dangerous manner.

For example, using your foot to kick someone can be considered as use of a dangerous weapon because the foot is being used in a dangerous fashion. Another example is if someone is alleged to have been pushed into a doorway- the door can be considered a dangerous weapon. These examples exemplify how you can be overcharged, thus allowing an experienced defense attorney to pinpoint the issue and reduce the charge to a misdemeanor.

Attorney DelSignore Explains in this video whether domestic assault and battery is a felony or misdemeanor

What to do Next

A domestic assault and battery is a serious offense, regardless of whether it is charged as a misdemeanor or felony. Any conviction even if it is a plea of a CWOF would result in serious immigration consequences for any noncitizen.

If a person commits a misdemeanor, then he or she could spend up to 2.5 years in a house of correction or a jail or pay a fine of not more than $1000.00. Examples of misdemeanors include driving under the influence, trespassing, malicious destruction of property, and disorderly conduct.

If a person commits a felony, then he or she could serve over 2.5 years in a state prison. Examples of felonies include assault and battery with a dangerous weapon, larceny over $ 250.00, OUI 3rd offense and witness intimidation. If convicted of a felony, that person is subject to mandatory DNA testing.

If you have any questions about whether you should take a domestic assault and battery charge to trial, you can call Attorney DelSignore at 781-686-5924 or download his free book

Contesting Domestic Assault and Battery Charge in Massachusetts.
Client Reviews
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
Michael DelSignore did an amazing job with my case! He was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
I cannot express the gratitude towards Michael for his amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael over and over again. Claire