Worcester Domestic Assault and Battery Lawyer
A Domestic assault and battery charge in Worcester, Massachusetts can arise quickly. An argument with your wife or girlfriend can escalate and if the police arrive, someone is getting arrested.
But simply because you were charged with a domestic assault and battery does not mean you will be convicted. Here is a roadmaps for how most cases are resolved:
90% Of domestic assault and battery case take this path toward resolution:
Step 1: you enter a not guilty plea at your arraignment;
Step 2: Your lawyer requests a date for pretrial hearing.
At the pretrial hearing, you receive all of the information about the case. This would include any police report, 911 call or witness statement.
Step 3: The case is assigned to Trial. In most case this is when the case is dismissed prior to trial.
In most cases the trial date is when the case will be resolved. Typically, the District Attorney will not dismiss a domestic assault and battery prior to a trial date.
Once the case is assigned for trial; the district attorney has to answer as to whether they are ready for trial.Here are some reasons why the District Attorney will be unable to prosecute the case
- The alleged victim does not want to prosecute the case; if the victim is not married to you and does not have a 5th Amendment privilege not to testify, the Commonwealth can force the witness to testify. In most cases, they will not put an unwilling witness on the stand. If you have a bad record, the District Attorney could be forced to take this step.
- The victim has a privilege not to testify. If two parties are married, the victim can assert the martial privilege and refuse to testify. Once validly exercised, the district attorney cannot force testimony from a spouse.
- It is alleged that the victim started the confrontation, the victim may have a 5th Amendment privilege not to testify, meaning that if the victim testified he or she could incriminate themselves.
In what types of domestic assault and battery cases can a District Attorney in Worcester District Court prosecute a case when the alleged victim refuses to cooperate?
911 calls: if the victim called 911 to report the alleged domestic assault and battery, there may be a path toward proving the case without the cooperation of the victim. The 911 call of a reported domestic assault and battery is sometimes considered an excited utterance made for the primary purpose of getting help, in that case, the law may allow the statement to come into evidence even the alleged victim does not wish to testify. You may say what about my right to cross examine my accuser in court. The Court may say you do not have a right to cross examine the victim because her statements are non-testimonial. Attorney DelSignore feels very strongly that the law should always provide a right for face to face cross examination with your accuser under the Sixth Amendment. However, the law has evolved to allow for this exception so the case could be prosecuted without the victim cooperation. There would be many legal objections to this based on the Constitution, but in some cases the Commonwealth will be able to proceed with the case.
If there is an Independent Witness: If the alleged domestic assault and battery was witnessed by someone else, then the Commonwealth may be able to have an independent witness testify to what happen. This would occur if the domestic happens in public place, like a bar, restaurant or other public venue. Since most domestic assault and battery happen, at home, with no one present or only minor children, it is rare to see a domestic prosecuted based on an independent witness.
If you confessed to the police: The final way these cases sometimes can go forward if you admitted to the allegation to the police. Often, the police will come to the home of the domestic assault and battery, separate both parties and ask what occurred. If you knowledge pushing, or touching your wife in any way, even if you minimize it, it may be construed as an admission to committing the domestic assault and battery.
In some cases, you will be able to file a motion to suppress your statement based on the officer not reading you Miranda rights or you not having validly waved Miranda.
Attorney DelSignore is an experienced Worcester Criminal Defense Lawyer that can help you through an assault and battery case. He has handled cases in all parts of Worcester Coutrny including:
- East Brookfield
- Clinton and Leominster District Court
It is never too early or late to call; you can reach Attorney DelSignore by call or text at 781-686-5924.