When Should You Call a Domestic Violence Defense Attorney?

In Massachusetts, if the police arrest you and you’re charged with a crime of domestic violence, it’s a serious matter. You will need to contact and consult a Woburn domestic violence defense attorney as quickly as possible.

Who can charge you with a domestic violence crime in this state? Can an alleged victim have a domestic violence charge dropped? If you are charged with domestic violence, how will a Woburn domestic violence defense lawyer help you?

In recent years Massachusetts enacted a law aimed specifically at domestic violence.  It is assault and battery on a family or household member under Massachusetts General Laws, c. 265, s. 13M. 

Who is a Household or Family Member?

Massachusetts law defines household or family members as persons who:0

  1. are or were cohabiting or married
  2. are or were related by marriage
  3. are parents of the same child
  4. are related by blood
  5. are or were dating

How Are Domestic Violence Convictions Penalized?

When felonies and misdemeanors are domestic violence crimes, the penalties for convicted offenders are harsher. For instance, if you assault a household or family member and you are convicted:

  1. You could be sentenced to a maximum of two and a half years in a house of correction and a fine of up to $5,000 for a first criminal domestic violence conviction.
  2. You could be sentenced to a maximum of five years in prison for a second criminal domestic violence conviction.
  3. Assault or assault and battery is penalized more harshly when it is committed by someone who knows that the victim has obtained a protective order.
  4. If convicted or any type of probation is ordered, the defendant must enter and complete a course known as the Intimate Partners Program, which runs for approximately 44 weeks. 

Who May File Criminal Domestic Violence Charges?

Criminal domestic violence claims are investigated by local police agencies, but deciding whether to prosecute a criminal domestic violence charge, and exactly what that charge should be, is the exclusive responsibility of prosecutors in Massachusetts.

How are charges filed? The police bring a domestic violence to the court and seek charges.  However, ultimately the prosecutor determines if the evidence is sufficient to proceed with a prosecution. A purported victim of domestic violence can also seek charges directly through the court by applying for a civilian criminal complaint. .

Who May Drop a Domestic Violence Charge?

Similarly, once a criminal charge has been filed, a purported victim of domestic violence cannot “have” the charge dropped or dismissed. Even if the presumed victim refuses to testify, a prosecutor may decide to try to move forward with the case.

Only a prosecutor may drop a criminal charge. Alleged victims have no direct control over these cases once a criminal charge has been filed.  However, in many cases, the alleged victim may be the only witness to the offense. In those cases, should they refuse to testify, this could have the result of the charges ultimately being dismissed. 

If you are accused of domestic violence, you cannot presume that you will walk away scot-free merely because the victim declines to testify or cooperate. A prosecutor may subpoena the alleged victim to compel them to testify.  If that happens, the alleged victim can only legally refuse if they have specific privilege, such as the privilege against self-incrimination or marital privilege. 

Why Would A Domestic Violence Victim Refuse to Cooperate?

A purported victim of domestic violence may refuse to cooperate with a prosecutor for reasons that include but are not limited to:

  1. reconciliation with the defendant
  2. personal guilt or embarrassment
  3. fear of retaliation by the defendant

If a prosecutor in Massachusetts proceeds with a criminal domestic violence prosecution, the defendant must be advised and represented by a Woburn domestic violence defense attorney.

Can You Receive a Domestic Violence Conviction Without the Victim’s Testimony?

If the alleged victim declines to cooperate after a domestic violence charge has been filed, a prosecutor may decide to proceed with the case if:

  1. The prosecution already has the victim’s testimony from a prior hearing at which the victim was subject cross-examination..
  2. The prosecution has a recording of the victim’s 911 call. In certain limited circumstances that record may be admissible. 
  3. Other witnesses come forward. If someone else witnessed the incident of domestic violence and agrees to testify, a prosecutor may not need the victim’s testimony. A Massachusetts prosecutor may also use video, medical records, and other evidence.
  4. The defendant has made a confession and there is other evidence which corroborates the confession. 

How Will a Domestic Violence Defense Attorney Assist You?

If you are facing a criminal charge for domestic violence or any other offense in Massachusetts, immediately contact a criminal defense lawyer who will:

  1. explain how Massachusetts law applies to your case
  2. protect your rights
  3. fight aggressively and effectively for justice on your behalf

After reviewing the details of your domestic violence case, a Woburn domestic violence defense lawyer at Contant Law will develop a strategy for your defense. Your defense lawyer may ask the prosecutor to drop the charge or ask the court to reduce the charge or dismiss the case.

Should You Take a Plea Deal?

If a domestic violence charge can’t be dismissed or dropped, you have the right to a jury trial. However, your defense attorney may negotiate a plea bargain on your behalf if the state’s case is strong and a conviction is certain.

Don’t try negotiating on your own. If the state offers a plea bargain, discuss the details with your defense attorney before accepting or rejecting the offer.

If the case goes to trial, your defense lawyer will tell a jury exactly what did and didn’t happen and why you should be acquitted. But how can you find the right domestic violence defense attorney?

Let Contant Law Fight for You

If a prosecutor in Massachusetts charges you with a crime of domestic violence, immediately retain the services of Contant Law. We provide sound legal advice and aggressive, effective defense representation.

Michael A. Contant is an award-winning criminal defense attorney with more than two decades of experience. He heads up a team that is committed to legal excellence and exceptional client service.

If you face a domestic violence charge in this state, or if you’re accused of domestic violence in the future, immediately schedule a no-cost case evaluation with Contant Law. Call us at 617-221-8221. We will protect your rights and put our experience and knowledge to work for you.