In the past few years, the legal landscape of domestic violence policies have shifted greatly. Thanks to the recent enactment of new legislation related to domestic violence, sweeping and drastic changes have been made to penalties and punishments.

Trying to learn how the new legislation affects pre-existing laws and then trying to construct a defense strategy on your own will only bog you down more.

If you’re been charged with any kind of domestic violence, it’s in your best interest to contact a New Bedford domestic violence defense lawyer like Courtney K. Fogarty immediately. Courtney prides herself on treating you with respect and integrity throughout the entire litigation process.

Penalties

Domestic Assault and Battery

For a standard domestic assault and battery charge, you could be hit with…

• Up to 2.5 years of jail time
• Up to $5,000 in fines
• 16 weeks of anger management classes at your expense
• 40 weeks of Certified Batter’s Program at your expense

Domestic Assault and Battery with a Dangerous Weapon

If a dangerous weapon is involved in your domestic assault and battery case, your penalties could be…

• Up to 10 years in a state penitentiary
• Up to $5,000 in fines
• 40 weeks of Certified Batter’s Program at your expense

Restraining Order Violation

If your domestic assault and battery charges are related to violating protection or restraining order, your punishment could be…

• Up to 2.5 years of jail time
• Up to $5,000 in fines
• 40 weeks of Certified Batter’s Program at your expense

Witness Intimidation

If your domestic violence charges include witness intimidation, you’re facing…

• Up to 10 years in a state penitentiary
• A minimum fine of $1,000

No matter what your specific situation is, these penalties can have huge ripples across your future. Working with an experienced criminal defense attorney like Courtney is the best way to protect yourself from these harsh penalties.

Types of Domestic Violence Charges

Massachusetts law dictates the exact types of domestic violence. 

Essentially, a domestic abuse offense means attempting to cause physical harm, succeeding in causing physical harm, convincing someone of imminent physical harm via threats, and nonconsensual sexual relations between household/family members.

Violating a restraining order or protection order is also a domestic abuse offense.

Domestic violence, specifically, means your unlawful action against a household or family member. Basic examples include kicking, hitting, threats of these acts, and other violence. 

The thing that makes it a domestic issue specifically is when the victim is/was your spouse, roommate, relative by blood or marriage, a parent of one of your children, or a dating/engaged partner.

If a dangerous weapon is involved, you’ll be facing harsher punishment than you would be otherwise.

Typically, all of the above are charged in one of the following ways:

• Assault and Battery (Misdemeanor Charge)
• Assault and Battery with a Dangerous Weapon (Felony Charge)
• Violating a 209A Restraining Order (Misdemeanor Charge)
• Witness Intimidation (Felony Charge)

These charges are serious and their penalties are severe. When you work with Courtney as your New Bedford domestic violence defense lawyer, she’ll advocate aggressively on your behalf to get your charges reduced or dropped entirely.

Potential Defenses

When domestic violence charges are brought against you, it’s normal to feel trapped or stuck. Many people feel like it’s impossible to get the charges dropped, even if you’re completely innocent.

The good news is the faster you hire Courtney as your New Bedford domestic violence defense lawyer, the more effective our defense strategy will be.

It’s important to remember that the burden of proof lies on the prosecution in these cases, meaning they have to prove the victim was either aged 65+, had a restraining order against you, was pregnant, or was critically injured.

While constructing your defense, Courtney will review all these details with you very carefully. Your best options often come down to claiming self-defense, picking apart the prosecution’s inconsistent story, determining if you had an alibi, and evaluating the prosecution’s evidence.

Whatever your unique situation may be, Courtney will explore every possibility to reduce the charges or clear your name entirely.

FAQS

What is Considered Domestic Violence in Massachusetts?

In Massachusetts, domestic violence is considered to be any crime involving fear or physical harm committed against a household member, family member, or someone you are or were dating.

Strangulation, violation of a restraining order, stalking, assault and battery, and assault charges can all be treated as domestic violence cases. When these crimes are classified as domestic violence, they carry more severe penalties than with a simple assault and battery classification.

What Must Be Proven in a Domestic Violence Case?

In Massachusetts domestic violence cases, the prosecution must prove that the abuse took place, that you (the defendant) intended to harm the victim, and that you and the victim are or were indeed household/family members/dating.

Proving these 3 points requires evidence. When you work with Courtney, she’ll analyze the state’s evidence—in many cases, the charges are reduced or dropped due to a lack of acceptable evidence.

What to Do if Facing a Domestic Assault and Battery Charge in Massachusetts?

If you’re facing a domestic assault and battery charge in Massachusetts, the best thing to do is contact a skilled and fervent New Bedford domestic violence defense lawyer.

Because domestic assault and battery charges carry such severe penalties, trying to build your own defense strategy is often a recipe for disaster. You’re in an emotional and volatile state of mind as you consider the impact these penalties could have on your future.

Contacting a New Bedford Domestic Violence Lawyer

When you work with Courtney at Fogarty Law, she’ll stay laser-focused on dismantling the prosecution’s evidence against you and clearing your name. For trusted MA criminal defense contact her today to book your FREE 60-minute initial consultation.