This means that in exchange for a plea a prosecutor would agree to reduce the charge from assault and battery with a dangerous weapon to simple assault. A violation of the order is a misdemeanor criminal charge and if it involves someone in a dating relationship, spouse or family member, it will be regarded as a domestic case.
If you have been charged with intimidation of a witness, contact my office immediately for your free consultation.
If the Victim Testifies IMPORTANT TO NOTE: If a victim testifies at a domestic assault and battery trial, even if the defendant has no record, jail time is a possibility as it is more difficult to predict how a judge will sentence on a domestic assault and battery versus other criminal offenses.
This results in many domestic assault and battery arrests each day in Massachusetts.
Being charged with a domestic assault and battery in Massachusetts is very serious.
Massachusetts domestic violence cases feature a major difference from other misdemeanor assault crimes: the police must make an arrest if they find any probable cause to believe that the crime was actually committed.
If you have been arrested for domestic assault or any other family violence charge contact Boston Domestic Violence Attorney Steven J.
Prosecutors are specially trained in handling domestic violence cases and some courts even have specialty courts solely devoted to domestic violence cases.
Domestic violence is happens when the parties involved are in a substantial dating relationship, are family members or roommates that live together.The alleged victim also showed police bruises, which she claims were the result of the defendant’s assault.The defendant testified at the restraining order hearing in his defense, stating that he and the alleged victim had already broken up and that he was in the process of moving in with a new girlfriend.An assault with a dangerous weapon is a charge where the Commonwealth can seek an indictment, moving the case to superior court and raising the maximum penalty to ten years in the State prison.Most domestic assault and battery charges will remain in the district court unless there is substantial injury to the victim or the defendant has a history of domestic violence and or violent crime. A dangerous weapon can involve items that would ordinarily be viewed as dangerous, like a knife or baseball bat, but also constitutes any item not inherently dangerous that was used in a dangerous fashion, like a persons foot, it could be a television remote control or any item that was used in the course of an incident in a dangerous fashion.We can also help people accused of violating domestic violence restraining orders or probation restrictions against contact with particular individuals.