Charges of assault and battery on a family member are distinct from other charges of assault and battery under Massachusetts law. Domestic violence can be charged as either a felony or misdemeanor, but in many cases, these offenses have greater penalties than assault and battery on someone other than a relative.
If you’ve been arrested on a domestic violence charge for simple assault, assault and battery, or an assault-related crime, you should speak to an experienced Massachusetts assault and battery lawyer as soon as possible. You can contact us online or call our office directly to schedule your free consultation with one of our top-notch assault and battery attorneys in Massachusetts with Nate Amendola Defense. We have been proudly servicing clients throughout Norwell, Massachusetts, and surrounding areas such as Plymouth, Barnstable, Nantucket, and more.
Misdemeanor Charges for Domestic Assault and Battery in Massachusetts
Even if the charge is “only” a misdemeanor, it can still significantly impact your freedom and your future. In Massachusetts, suspected offenders must be held for at least six hours if arrested for domestic violence. If a judge decides that letting you out on bail would threaten the alleged victim’s safety or the public, you could be held without bail for up to 120 days or until trial.
State law also imposes specific provisions for domestic assault offenders, including:
- Mandatory enrollment in a batterer’s intervention program
- Subsequent domestic violence offenses will be charged as a felony
- Loss of firearm privileges upon conviction
A misdemeanor charge on your criminal record can affect your changes of employment and your relationships, don’t assume that a misdemeanor charge for assault is something that you can fight against on your own. Consult with a skilled assault lawyer in Massachusets with our team to avoid long-term consequences and get the legal representation you deserve.
For a free legal consultation, call (781) 740-0800
Felony Charges for Domestic Assault and Battery in Massachussets
FAQ: “Is domestic violence a felony?”
A first time assault and battery charge can be charged as a felony depending on the circumstances of the crime. If you are convicted of felony domestic violence, you could face up to five years in prison and fines up to $5,000.
A misdemeanor offense may be upgraded to a felony if it involved:
- Use of a dangerous weapon.Assault and battery involving a weapon is considered a felony offense, but the definition of a “dangerous weapon” can vary widely. It includes guns, knives, and blunt objects but could also apply to everyday household objects or even an offender’s foot.
- Other felony offenses.Misdemeanor domestic assault might be charged as a felony if it was committed alongside another felony offense, such as rape, robbery, or assault and battery upon an elder or person with a disability.
- Strangulation.The law recognizes any attempt to obstruct a victim’s windpipe as a felony offense. If the prosecutor can show evidence of strangulation (such as marks on the alleged victim’s neck), the offender can face a felony charge of strangulation or even attempted murder.
- Serious bodily injury. Any act of assault and battery that causes serious physical injury or harms a pregnant victim at the time of the attack may be charged as a felony.
- False imprisonment.If the accused physically prevents an alleged victim from leaving the premises, makes threats if the victim attempts to go, or otherwise holds a victim captive, a misdemeanor may be upgraded to a felony.
- Restraining order violation. Suppose the alleged victim of an assault and battery had previously taken out a restraining order against the accused that was in place during the commission of the domestic assault. In that case, the defendant may be charged with a felony.
Prosecutors May “Overcharge” Defendants Charged with Assault and Battery
Unfortunately, a misunderstanding of the circumstances of a domestic dispute can significantly affect the potential jail time and the consequences of a conviction. For example, let’s say you were staying at a friend’s house after your partner took out a restraining order against you, but you ran out of clean clothes and money for groceries.
You returned home to pick up some laundry and cash, but your partner unexpectedly came home and called the police—and you accidentally struck your partner with the door while trying to leave. Suddenly, you’re arrested for felony assault—as well as theft and violation of a protection order.
Stories like these are all too common. Prosecutors may attempt to tack on any additional offenses that may “stick” to a misdemeanor assault charge, overcharging defendants to elevate their case to a felony. It will take the aid of an experienced Massachusetts assault attorney to reduce the charges against you and get the best possible resolution to your case.
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Contact a Massachusetts Domestic Assault Lawyer
At Nate Amendola Defense, we fight aggressively in court to avoid conviction and the lifelong consequences it can have on your life. Don’t let assault charges derail your future. Contact us today to set up your free case review and see how we can help you.
Call or text (781) 740-0800 or complete a Free Case Evaluation form
