If you were falsely accused of domestic assault and battery, it’s important to seek the counsel of an experienced defense attorney, and fast. The charges – also known as domestic violence or domestic abuse – have serious implications in MA. In addition to a criminal record and fines, you may be required to complete anger management programs, or more expensive “batterer’s” programs. In some instances, you may have to avoid all contact with the person you are accused of harming.
Domestic violence is a serious crime, but an experienced criminal defense lawyer understands how often these charges are exaggerated – or even completely fabricated – as a result of relationship problems. More than one jealous lover has falsely accused his or her mate of domestic violence. These false accusations are even worse because they undermine incidences of real domestic abuse.
What is Domestic Assault and Battery?
Domestic Assault and Battery is similar to regular assault and battery, but it involves a family member or someone who lives with you and with whom you have a close, personal relationship. Assault is a threat of violence, and battery involves unwanted physical contact with the intent to cause harm. Neither assault nor battery have to result in actual physical harm to be a crime. Even the intent to harm another can land you behind bars.
Penalties for Domestic Assault and Battery
If convicted of any type of domestic violence, you may face penalties including hefty fines and time behind bars. As with any crime, the penalties vary depending on the severity of the underlying offense and prior criminal history. Penalties may include:
- First offense: Up to 30 months in prison and a $1,000 fine. You may also have to enroll in a Certified Batterer’s Program, which can cost more than $3,500.
- If the victim is seriously injured, over the age of 65 or pregnant, the crime may be classified as “aggravated.” Aggravated domestic assault and battery is a felony offense and carries up to five years in prison.
- When a dangerous weapon is involved, you may be charged with assault and battery with a dangerous weapon. If convicted, the penalty is up to 15 years in prison.
False accusations are a serious problem; they are costly, time consuming, and can ruin a person’s reputation and life. An experienced defense attorney will know how to find the weaknesses in the prosecution’s case and use them to prove your innocence. Domestic violence is a serious crime in MA. Don’t let a bad break up give you a criminal record.
What if My Accuser Drops Charges?
In Massachusetts, even if the alleged victim recants his or her accusation, you will still be arrested. This may seem odd, and even unfair, but this policy is intended to protect victims of abuse. If your accuser decides they don’t wish to press charges, you are still not in the clear. The District Attorney’s office often ignores requests to drop charges in domestic violence cases. It is common for victims of domestic violence to feel pressured by their abuser to drop charges and “work things out,” and the courts want to avoid a revolving door of repeat cases.
Top Rated Criminal Defense Lawyer in Salem, Massachusetts
If you have been charged with any type of criminal offense, Attorney Sam Goldberg can help. It is our goal to keep you out of jail, and to keep your record clean. If you are facing domestic violence charges, it is in your best interest to consult with a defense attorney with extensive experience in this area. Call for a free case evaluation.