Assault and Battery on a family or household member is commonly known as “domestic violence” or “domestic assault and battery” in Massachusetts. A&B on family/household members may be committed in either two ways: intentionally or recklessly.
There are several scenarios where a situation escalates and spirals out of control, like relationship conflicts between intimate partners, for example, arguments between adult siblings, or tensions between parents in a custody battle. It’s also not uncommon for emotions to run high in circumstances where there is substance abuse of drugs or alcohol. If you have been arrested or charged with assault and battery on a family or household member, you need an experienced Massachusetts assault and battery lawyer to help defend you in court and protect your rights.
Definition of Family or Household Member in Massachusetts
In Massachusetts, two persons are “family or household members” if:
- They are/were married to each other; OR
- They have a child in common (whether or not they were married or lived together); OR
- They are/were involved in a substantive dating or engagement relationship; OR -The judge has wide latitude for instructing the jury how to apply this standard
- They are/were related by blood or marriage; OR
- They are/were living in the same household
A Massachusetts criminal defense lawyer can help challenge assault and battery charges by examining the relationship between parties and whether it meets the legal definition of “family or household member” under state law.
Elements of Domestic Assault & Battery
The elements of the crime are the same as assault and battery, however, one more element must be found- the alleged victim was either a family or household member at the time of the offense.
Type 1: Intentional Assault and Battery on Family/Household Member
To secure a conviction, the Commonwealth must satisfy the burden of proof by establishing, beyond a reasonable doubt, that the defendant:
- Touched the other person;
- Intended to touch the other person;
- The touching was either: – Likely to cause bodily harm or – Was offensive
- The defendant and the alleged victim were family or household members at the time of the offense.
Type 2: Reckless Assault and Battery on Family/Household Member
In order to find the defendant guilty of type of domestic assault and battery, the Commonwealth must prove, beyond a reasonable doubt, that the defendant:
- Intentionally engaged in actions which caused bodily injury to the other person;
- The actions amounted to reckless conduct;
- The defendant and alleged victim were family or household members at the time of the offense.
Similar Charges
- Assault and Battery
- Assault and Battery with a Dangerous Weapon (ABDW)
- Strangulation or Suffocation
- Threat to Commit a Crime
The Penalties for Assault and Battery in Massachusetts
Even for a first-time assault and battery charge, the consequences of a criminal conviction can widely vary, depending on the nature of the crime and the individual circumstances surrounding the case. Below is a quick overview of the statutory law penalty:
First Offense
- House of Corrections: Not more than 2.5 years (30 months); AND/OR Fines: Not more than $5,000
Subsequent Offense
- State Prison: Not more than 5 years (60 months); OR House of Corrections: Not more than 2.5 years (30 months)
Domestic Violence FAQs
Can I Be Arrested For Assault and Battery On a Family or Household Member in Massachusetts?
Yes. Although assault and battery on a family or household member is a misdemeanor, a statute specifically authorizes warrantless arrest. In these types of cases, an arrest warrant is not required if police believe that there is probable cause that a crime has been committed. Indeed, theMassachusetts Executive Office of Public Safety and Security guidelines suggest that arrest is the “preferred response” for domestic violence incidents. That is why it is typical forsomeoneto get arrested when the police respond to a call for domestic violence.
Can I Be Charged with Other Domestic Violence Charges?
There are other charges that can come with assault and battery on a family or household member. You can be separately charged with strangulation, threat to commit a crime, or some of the other sub-types of assault and battery. If you are accused of using a weapon of any kind, you can be charged with both assault and battery on a family or household member, and assault and battery by dangerous weapon. More than one charge can stem from one incident of assault and battery.
What Happens if the Victim Wants to Drop the Charges?
The position and opinion of a victim can be taken into consideration by the District Attorney’s office when contemplating plea deals and sentencing. However, even if the victim no longer wants to go through with the case, the DA’s office can move forward on the case without them. They could utilize 911 calls, police reports, photos, and any other evidence that they may have; even if the alleged victim no longer wants to participate. The District Attorney’s office is under no obligation to drop a case even if the victim wants to.
Can I Lose Custody of My Children if I’m Charged with Domestic Violence?
A criminal case with an accusation of domestic violence does not automatically trigger a loss of custody for your children. However, an accusation of domestic violence can in some cases cause the Massachusetts Department of Children and Families (DCF) to open an investigation into your family. These issues can also present problems in Family court if divorce and custody matters are pending. However, the criminal case alone will not cause a loss of custody automatically.
Contact Nate Amendola Defense for Help
Some defense attorneys may see you as just another client, but that’s not how our team at Nate Amendola Defense works. We are committed to seeing each person as an individual and finding the best, custom-tailored defense strategy for every client we represent. You need a qualified legal advocate who will focus on you, listen carefully to your side of the story, and fully investigate the incident that led to your arrest, or summons. That’s exactly what we do.
At Nate Amendola Defense, our assault and battery lawyers in Massachusetts are dedicated to fighting for you. If you have been arrested and charged with any domestic violence offense, we are here to help. You can contact us online or call our office directly to schedule a free, 100% confidential consultation, we’re available 24/7.
