Domestic Violence / Assault & Battery
Experienced MA criminal defense lawyer in all types of domestic violence and assault & battery cases in eastern MA, Quincy, Boston
Attorney Bradley has handled hundreds of cases involving the threat or use of violence ranging from simple assault to aggravated felonies including all manner of Domestic Violence cases.
If you or someone you know has been charged with a crime of violence contact Attorney Bradley today for a free consultation.
Domestic Assault & Battery:
- There is no statutory difference between charges of assault and battery and domestic assault and battery. The difference comes in the way in which the police and district attorneys' offices treat the cases.
- The sentence is in a domestic assault & battery case tends to be more severe than most other charges.
- In almost every case where domestic violence has been alleged the police have an unwritten MUST arrest policy. The rational is that the chances for repeat violence in domestic situations is high and the police have to minimize their potential responsibility if a further act of violence occurs.
- Often police arrest people and let the courts sort it out, as they do not want to be held responsible if there is a further allegation of violence.
- A common misconception is that the victim can "Drop" the charges. This is NOT true. The Commonwealth will pursue ALL domestic cases to trial, whether they are good or bad cases. The rational is the they want to be able to show that they tried to prosecute the case but were unsuccessful for a variety of different reasons that are specific to each case.
- There are several ways in which a domestic violence case can be dismissed short of or at a trial.
- It is imperative you speak with an attorney as soon as possible to discuss your options. If you or anyone you know has been charged with Domestic Assault & Battery please call me to discuss you options.
Abuse Prevention Orders:
- Violation of the terms of an abuse prevention order (209A order) or a criminal harassment order is a criminal offense in the Commonwealth of Massachusetts.
- The violation of the terms associated with such an order can be severe. Even a technical violation will subject the defendant to up to two and a half years in jail and up to a $5000 fine.
- More often than not the court orders a defendant convicted of a violation of an abuse prevention order to complete a certified "Anger Management" or "Batterers Program" .
- These programs are expensive and time consuming. If you or anyone you know has been charged with a violation of an abuse prevention order, call me to discuss your options.
Assault & Battery:
- An assault and battery is the unconsented and unlawful touching of another person, however slight, if it would be harmful or offensive to a reasonable person.
- That means that, in addition to fighting with or hitting someone, an assault and battery can be a push, a shove, a slap, or even spitting on someone.
- The District Attorney's Office will pursue a case even where the alleged victim wants the case dropped.
- There are several different ways in which to approach a case where the alleged victim wants to have the case dismissed
- It is important you consult with an attorney to review your options. You have a story to tell which likely varies greatly from that has been reported. An experienced attorney can evaluate a case and determine the best way in which to present why your version is accurate and the Commonwealth's is not.
Penalties for Assault & Battery:
- The maximum penalty for an assault and battery is 2 1/2 years in jail. The sentence that is actually imposed is usually based on (1) the severity of the events, and (2) the defendant's criminal history. It is imperative to consult with an attorney to review your option before and after trial. Aggravated Assault & Battery:
- The penalty for an assault and battery can be increased or enhanced based on the victim being a member of a protected class of persons.
- If the alleged victim of an assault and battery is a pregnant woman, a person over the age of 65, or a person with a recognized disability, it will likely be charged as an aggravated assault & battery.
- Certain judgments pursuant to a domestic relations matter (divorce), may also qualify as an aggravated assault & battery.
- If any of the above elements are alleged and proven, the assault and battery is treated as a felony, and the penalty is increased to up to two and a half years in the jail or up to five years in state prison.
Assault & Battery on a Police Officer:
- When an assault and battery occurs upon a police officer or other public employee, the fact that the alleged victim was a public employee is treated as an aggravating circumstance and can be charged as an aggravated assault & battery.
- The penalty for the assault and battery is increased to include a minimum sentence of ninety days in jail.
Threat To Commit Crime:
- The charge of threat to commit a crime commonly accompanies assault and battery charges where there is some kind of heated exchange between the people involved.
- The charge of threat to commit a crime is much more complicated than it may appear.
- If you, or anyone you know has been charged with threat to commit a crime, call me to discuss your options.
Assault & Battery Dangerous Weapon:
- The Commonwealth must initially prove that assault & battery occurred.
- If successful they must also prove that a dangerous weapon was used, and that the weapon falls into the legal definition of a dangerous weapon, and further prove that said weapon was actually used in the assault.
- The definition of a dangerous weapon is very broad, and includes many objects that most people probably would not consider a dangerous weapon. For example, shoes can be considered a dangerous weapon, but not all footwear is included.
- If you, or anyone you know has been charged with an assault & battery, dangerous weapon, call me to discuss your options.
Sexual & Indecent Assault & Battery:
- Any convictions for a sexual abuse or indecent assault & battery charge will likely expose you to a wide range of penalties based on the specifics of the offense charged. Anyone convicted of an offense will be required to register as a sex offender, and may subject that person to community parole, supervision for life. Either scenario creates a situation with terms and conditions that are very difficult to adhere to. Any violation will subject an offender to re-arrest which can expose you to years of additional jail time.
- Indecent assault and battery charges are very serious, and complicated cases. If you, or anyone you know has been charged with an indecent assault & battery, call me to discuss your options.