was involved in a fight but wasn’t arrested, now the police want to talk to me…do I have to answer their questions?
No, absolutely not. The police officers’ job does not include protecting your rights. It is imperative that you speak to an experienced criminal defense attorney before speaking to law enforcement. No matter what the officers say, you will never get into trouble for exercising your constitutional right to consult with an attorney.
What is the punishment for Assault and Battery in Massachusetts?
According to Massachusetts law, the maximum punishment for assault and battery is 2.5 years in the state prison or a fine of $1000. Where a family or household member is involved (domestic assault and battery), the punishments will depend on the specific facts of the case. A defendant convicted of an assault and battery on a family/household member faces up to 30 months imprisonment and a $1,000 fine.
Sometimes, clients are allowed probation as part of a plea agreement. Probation can be expensive, 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, while many have payment-plan options, failure to make those payments could result in your imprisonment. The Certified Batter’s Program can cost over $3,500…in addition to your other fines and fees.
When the victim has been seriously injured, pregnant, over 65, or the victim had an outstanding 209A (restraining order) order against the defendant, the assault and battery can be considered “aggravated”. Aggravated assault and battery is a felony, punishable by 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.
What if the Victim doesn’t want me arrested or doesn’t want to press charges?
That will not matter in Massachusetts. Most police departments have polices that require the officer to arrest the alleged batterer even if the purported victim immediately recants. There is also a common myth that if the Victim does not cooperate with the investigation that the charges will be dropped or the situation will otherwise go away. Nothing could be further from the truth. The decision whether to prosecute or dismiss a case rests solely with the District Attorney’s office, and those offices are extremely reluctant to dismiss cases where there is evidence of assault even if a victim later recants/changes their story. If you have been arrested for any type of assault, but particularly one that meets the criteria for domestic violence, you need to contact an experienced criminal defense attorney immediately to protect your rights and ensure the best possible outcome.
But do I really need to pay a defense attorney if I’m going to get probation anyway? This all sounds really expensive!
Unfortunately, yes, you absolutely need to consult with (and probably hire) an experienced criminal defense attorney. There is no guarantee of probation, and even as a first offender, you could face the possibility of jail time. More than that, even a misdemeanor conviction for assault and battery can have devastating long term consequences. It will form part of your criminal record and, if you are ever charged in another domestic violence crime, it may increase your possible sentence range. The Commonwealth will forever-after be able to argue to judges that you are a “violent offender” who should not be released on bail, etc. There are also very serious implications for employment and other aspects of your life. Do not take a quick plea offer without consulting with a knowledgeable attorney as you may be able to avoid ending up with any conviction on your record whatsoever. Call the Law Office of Robert J. White today to discuss your case and your options!