Charges of Domestic Assault and Battery Against Non-Citizen Dismissed After Successful Completion of Pretrial Probation

Our client is a non-citizen who was involved in a very volatile relationship for several years. In late 2024 her boyfriend went to a local police station to complain that he was assaulted and beaten by her. He presented with scratches under his eyes and chest. He had obtained videotape of the incident from a neighbor’s ring camera. The police reviewed the evidence and charged our client with domestic assault and battery under G.L. c. 265 §13M. Prior to hiring our office the woman was arraigned. She had made several inculpatory statements to the police and to neighbors about the incident. Our office was hired. We demonstrated to the district attorney’s office that the alleged victim in this case had a history of violence towards our client and several other women. An agreement to pretrial probation under G.L. c. 276 §87 was entered. Today, all charges were dismissed, well in advance of the probation termination date. 

Here are some of our thoughts on this case:

• A conviction for domestic assault and battery under G.L. c. 265 §13M may result in deportation, denial of naturalization and exclusion from admission to the United States
• Pretrial probation pursuant to G.L. c. 276 §87 often protects a defendant from deportation. This is often the best result for a charges of domestic assault and battery in Massachusetts
• Pretrial probation requires the agreement and recommendation of the district attorney
• To get the district attorneys in Massachusetts to agree to pretrial probation your lawyer will be required to provide a “breakdown letter” to the district attorney’s office. This letter addresses reasons why this result is warranted

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