Massachusetts Domestic Assault and Battery Charge Dismissed After Defense Motion

A Massachusetts domestic assault and battery charge was dismissed after Attorney Stephen Neyman filed a motion challenging whether the alleged conduct and the relationship between the parties satisfied the statutory requirements of G.L. c. 265, § 13M. After reviewing the defense argument, the district attorney agreed not to oppose the motion to dismiss, and the judge dismissed the charge.

Background of the Case

Our client was 68 years old when he became involved in a physical altercation with his sister, who was also over 60. The siblings each owned an interest in a multifamily property in Lawrence, Massachusetts, but lived in separate units.

Following the incident, a family member called 911. Responding police officers arrested the sister. She subsequently applied for a criminal complaint against our client, alleging assault and battery. Our client initially attended the clerk magistrate hearing without an attorney, and a criminal complaint issued against him.

Both siblings ultimately faced charges of domestic assault and battery under G.L. c. 265, § 13M.

Defense Motion Challenged the Legal Basis for the Charge

After being retained, Attorney Neyman examined the statutory requirements for a domestic assault and battery charge and filed a motion to dismiss challenging whether the relationship between the siblings satisfied the applicable definition of a family or household member.

The motion presented a legal issue concerning whether the domestic-assault statute applied under the circumstances of this case.

Before the hearing, the district attorney reviewed the defense motion and agreed not to oppose dismissal. The judge accepted the defense position and dismissed the domestic assault and battery charge against our client.

Lessons for Anyone Facing Criminal Charges in Massachusetts

1. A clerk magistrate hearing can be an important opportunity to prevent criminal charges.

In Massachusetts, a clerk magistrate hearing can provide an opportunity to contest an application for a criminal complaint before a charge issues. The available procedure and whether a hearing is required depend on the circumstances of the case.

Our client attended his hearing without an attorney, and a criminal complaint subsequently issued. Having an experienced Massachusetts criminal defense attorney evaluate the matter before that hearing may have provided an opportunity to challenge the application at an earlier stage.

2. A motion to dismiss can challenge whether the facts satisfy the requirements of a criminal statute.

A criminal charge must have a legally sufficient basis. Depending on the circumstances, a defense attorney may be able to challenge whether the alleged facts satisfy the statutory requirements of the charged offense.

In this case, the defense focused on the statutory requirements for domestic assault and battery under G.L. c. 265, § 13M. The district attorney agreed not to oppose the defense motion, and the judge dismissed the charge.

3. Presenting a focused legal argument to the prosecutor can help resolve a criminal case.

Defense attorneys should evaluate not only the factual allegations but also the legal basis for the charge. Here, discussions with the district attorney after the motion was filed led to an agreement not to oppose dismissal.

4. Cooperation between attorneys can sometimes help resolve related criminal cases.

The siblings had separate charges arising from the same incident, and both wanted the charges against them dismissed. Communication between the attorneys helped identify a shared objective and contributed to resolving the case against our client.

Facing a Domestic Assault and Battery Charge in Massachusetts?

A domestic assault and battery charge can have serious consequences. The appropriate defense depends on the facts, the applicable statute, and the procedural posture of the case.

Attorney Stephen Neyman represents individuals facing criminal charges in Massachusetts, including domestic assault and battery allegations and matters involving clerk magistrate hearings.

Read more about domestic assault and battery defense and Massachusetts clerk magistrate hearings to understand how these proceedings work and how a criminal defense attorney may be able to help.