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Domestic Assault and Battery

Aggressive Defense Against Domestic Assault and Battery Charges

Domestic assault and battery charges are extremely common in the state of Massachusetts and can have serious implications. Domestic assault and battery convictions often carry with them requirements that the defendant complete special programs for “batters,” or anger management programs, and those convicted may be ordered to stay away from the person on whom they committed the assault and battery. If a weapon was involved in the altercation, the punishment becomes far more serious yet.

Domestic assault and battery cases often stem from incidents related to the decline of a relationship, whether it be with a significant other or a family member. As such, they often involve intense emotions and chaos. If you have been charged with domestic assault and battery, you are likely experiencing a range of emotions, from anger and hurt, to fear and confusion.

We have prepared the following list of frequently asked questions concerning domestic assault and battery to give you a quick understanding of the charges against you:

  1. What is Domestic Assault and Battery?

    Domestic assault and battery is the same act statutorily as regular assault and battery. Assault and battery are two separate acts, although they are very similar. Assault refers to a threat of violence, as opposed to battery which refers to unlawful physical contact with the intent to cause injury, harm, or pain. Though the acts are distinct, Massachusetts police officers have the right to arrest someone for assault and battery even if there was no physical harm. Domestic assault and battery specifically refers to an assault and battery that occurs within a family relationship.

  2. What Sentence do I Face if Convicted of Domestic Assault and Battery?

    The punishment you face for a domestic assault and battery will depend on the facts of the case and the existence of aggravating factors. Assault and battery is a misdemeanor crime, and a defendant convicted of it faces up to 30 months imprisonment and a $1,000 fine. Often, defendants are allowed probation in lieu of imprisonment. Probation will come at a cost, however, as the court may require you complete a Certified Batter’s Program or an anger management program. Both programs will require an extensive time commitment and be at your cost. The Certified Batter’s Program can cost over $3,500 in some cases. Anger management is the less intensive, and more cost effective option if the court will allow for it.

    When the victim has been seriously injured, pregnant, over 65, or the defendant had an outstanding no contact order against the victim, the assault and battery can be aggravated. Aggravated assault and battery is a felony offense and you could face up to 5 years imprisonment.

    If a dangerous weapon is involved, which can be anything the defendant knew or should have known could cause grave bodily harm, then the defendant can be charged with the serious crime of assault and battery with a dangerous weapon, which can result in up to 15 years imprisonment.

    Given the range of possible sentences and the numerous charges lumped under the term domestic assault and battery, it is best to consult with a knowledge domestic assault and battery attorney who can examine your charges and provide you with a full explanation of the potential sentences you face.

  3. The Victim Does not Wish to Press Charges; can I Still be Arrested?

    Not only can you still be arrested—in Massachusetts you will be arrested. Today, most Massachusetts police departments have guidelines in place that actually require an officer arrest the alleged batter even if the victim recants, and even if no other evidence supports the accusation that an assault and battery took place. This policy is meant to protect the victim from any further harm befalling them in the event officers simply left the alleged batter in the home. However, in practice, it has resulted in many arrested based on little to no evidence that a crime occurred.

  4. The Victim Wants to Drop the Charges; can I Still be Prosecuted?

    There is a common misconception that when/if the victim, often a spouse, decides they do not want to press charges, the prosecution simply stops. This is just not the case in Massachusetts. The District Attorney’s office is in total control of what cases are brought to completion and which are dismissed, and they are generally not responsive to the wishes of the victim, even when the victim recants his or her testimony.

  5. I'm Starting to Understand the Seriousness of the Offense, but What can I do to Prevent Conviction?

    The first and most vital step is to retain an experienced Boston domestic assault and battery attorney. It is imperative that you consult with an attorney as soon as possible after the incident so that they conduct a thorough case investigation while the evidence is still fresh and the case against you is still in its infancy.

    There is a tendency for those charged with a misdemeanor assault and battery charge to believe they do not need the assistance of an attorney, since they will likely only receive probation. This is a gravely flawed assumption. First, it is far from guaranteed that you will be sentenced to a term of probation. You do face jail time, even as a first time offender. Second, even a misdemeanor conviction for assault and battery can have long term consequences. It will form part of your criminal record and in the event you commit another domestic violence crime, it may increase your possible sentence range. Do not take a quick plea offer without consulting with a knowledgeable attorney as you may be able to avoid any conviction on your record whatsoever.

A skilled defense attorney will be able to assess the facts of your individual case and develop the best defense strategy. Oftentimes, domestic assault and battery cases involve essentially the word of the victim against that of the defendant. This can be tricky to defend against, but an experienced defense attorney can uncover evidence to show the victim’s unlawful motivation for the charges.

The Law Offices of Stephen Neyman Will Fight for You

At The Law Offices of Stephen Neyman, we will thoroughly and meticulously examine the facts of your case and develop the best defense strategy to obtain the best possible legal outcome. We are a team of relentless, aggressive defense attorneys that will provide you with zealous, intelligent defense. Call us today at 617-263-6800 to schedule your initial consultation.

Si usted habla español contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.

Case Results » Domestic Assault and Battery
  • Domestic Assault and Battery Case Against Renowned Artist Dismissed

    In April of this year police in a city south of Boston responded to a call from a man who claimed that his wife, a world renowned artist, had assaulted him by hitting him and grabbing his genital area. According to the complainant, the fight erupted after our client confronted the man about his recently disclosed infidelities. The woman was arrested and charged with domestic assault and battery under G.L. c. 265 section 13M. Today, Attorney Neyman was able to get the case dismissed. 

    Read More in Domestic Assault and Battery

  • Charges of Domestic Assault and Battery, Malicious Destruction of Property and Intimidation of a Witness Against Jeweler Dismissed

    Our client is a jeweler who owns several stores in Boston and the suburbs. In April of this year the police got a call to a large home owned by our client. His girlfriend of many years was present. She was crying and bleeding. She told the officers that she and our client had been in an argument. The dispute escalated and our client struck her several times. When she tried to call the police with her cell phone he took it away from her and broke it. He was charged with domestic assault and battery, G.L. c. 265 section 13M, intimidation of a witness, G.L. c. 268 section 13B and malicious destruction of property over $1,200, G.L. c. 266 section 127. The second and third counts are felonies in Massachusetts. Today, Attorney Neyman succeeded in getting all charges dismissed. 

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  • Charges of Domestic Assault and Battery and Strangulation and Intimidation of a Witness Against Store Owner Dismissed

    The defendant is a store owner who lives out of state. In January of this year was in Massachusetts visiting his girlfriend. According to the girlfriend, he had been acting in a very strange, almost psychotic manner for several weeks. On this day of this incident this behavior repeated itself and the woman told our client to leave her home. He refused and went to sleep. She woke him up. This caused him to get enraged. He threw her down on the ground, threw her phone against a wall, breaking and put his hands over her mouth to get her to stop screaming. Our client also threatened to kill the woman. She freed herself and ran to a neighbor for help. She was bloodied and crying uncontrollably. The police tried to locate our client. Apparently he had left Massachusetts to return to his native state. At that time our office was hired to represent the man. We convinced the magistrate not to issue a warrant but rather to permit him to self surrender. When he did, our office was with him and, after being charged with domestic assault and battery, G.L. c. 265 section 13M, intimidation of a witness, G.L. c 268 section 13B and suffocation and strangulation, G.L. c 265 section 15D we had him released on personal recognizance. Today, we succeeded in getting all charges dismissed. 

    Read More in Strangulation

Client Reviews
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"In less than two months Stephen Neyman got my old conviction vacated. I now have no criminal record." Paul W. Boston, Massachusetts