Assault and Battery on a Family Member

A charge of assault and battery on a family or household member in Massachusetts is a profoundly serious and life-altering event. This is not a simple misdemeanor; it’s a criminal offense that the Commonwealth prosecutes with immense rigor and carries consequences that can extend far beyond the courtroom. A conviction under M.G.L. c. 265, § 13M can lead to jail time, hefty fines, and a permanent criminal record, but it also creates lasting damage to your reputation, employment prospects, and family relationships.

At the Law Offices of Daniel DeMaria, we recognize the fear and uncertainty that come with these allegations. We believe that everyone deserves a fierce and uncompromising defense. Our firm is dedicated to providing strategic, knowledgeable, and compassionate legal representation to protect your rights, your freedom, and your future. We are ready to stand by you at every stage, from the moment of your arrest to the final resolution of your case in a Massachusetts District Court or Superior Court.

Understanding the Offense and its Consequences

In Massachusetts, Assault and Battery on a Family or Household Member is a specific crime defined under M.G.L. c. 265, § 13M. This statute differentiates it from a general assault and battery charge by focusing on the relationship between the accused and the alleged victim. The prosecution must prove two distinct elements beyond a reasonable doubt:

1. Assault and Battery: The intentional and unjustified use of force or violence upon another person, no matter how slight. The force must be unconsented and can be direct (e.g., a punch) or indirect (e.g., throwing an object).
2. Family or Household Member Status: The alleged victim falls into one of three specific categories:
   • Are or were married to one another.
   • Have a child in common.
   • Are or were in a dating or engagement relationship.

The Commonwealth of Massachusetts takes this offense very seriously. Even a first-time conviction can result in significant penalties, including up to two-and-a-half years in a House of Correction and a fine of up to $1,000. Subsequent offenses are treated even more harshly and may be charged as felonies, carrying a state prison sentence.

Beyond incarceration, a conviction for domestic assault and battery has severe collateral consequences that can dismantle your life. It can:

• Impact Employment: A criminal record for a violent offense can make it exceptionally difficult to find or keep a job.
• Affect Child Custody: A conviction is a significant factor in family court proceedings and can result in the loss of custody or severely restricted visitation rights.
• Trigger Restraining Orders: The alleged victim can file a restraining order under M.G.L. c. 209A, which can be extended for a year and may require you to leave your home and have no contact with your family.
• Cause Immigration Issues: A conviction can have serious implications for non-citizens, including grounds for deportation or inadmissibility.

The Legal Process in Massachusetts District Court

Navigating a domestic assault and battery charge requires a seasoned understanding of the Massachusetts criminal justice system. The process typically unfolds as follows:

1. Arrest and Arraignment: In most cases, law enforcement has a “no-drop” policy in domestic violence incidents. If police respond to a call and observe any sign of physical contact or hear an allegation, an arrest is almost certain. You will be held and transported to the local district court for arraignment, where you will officially be charged. The judge will set bail and impose strict conditions of release, most commonly a no-contact order with the alleged victim and a requirement to stay away from your shared residence. Our first priority is to be by your side at this initial hearing to argue for your release on a personal recognizance and challenge any overly burdensome conditions.
2. Discovery and Pre-Trial Motions: After arraignment, the prosecution provides the defense with all evidence they intend to use, a process known as discovery. This includes police reports, witness statements, and any photographs. Our legal team will meticulously review this evidence, looking for inconsistencies, legal errors, and opportunities to challenge the prosecution’s case. We will file pre-trial motions to suppress evidence if your rights were violated, such as if the police conducted an illegal search or failed to read your Miranda rights.
3. Plea Negotiations and Resolution: A significant portion of domestic assault cases are resolved through plea bargaining. We will engage in direct negotiations with the District Attorney’s office, leveraging weaknesses in their case and your side of the story to advocate for a favorable outcome, such as a reduced charge, entry into a diversion program, or a pre-trial dismissal.
4. Trial: If a plea agreement cannot be reached, the case will proceed to trial. We will work tirelessly to prepare a powerful defense, which includes selecting a jury, delivering a compelling opening statement, cross-examining the prosecution’s witnesses, and presenting a strong case on your behalf. Our goal is to create reasonable doubt in the minds of the jury and secure a not guilty verdict.

Strategic Defenses to Protect Your Freedom

A strong defense against domestic assault and battery allegations is crucial. Daniel DeMaria will explore every viable legal strategy to challenge the charges against you, including:

• Self-Defense: We can argue that any physical contact was necessary to protect yourself from imminent harm. The law permits you to use reasonable force to defend yourself, even against a family or household member.
• False Allegations: Unfortunately, false accusations are common in domestic disputes, especially during contentious divorce or child custody battles. We will meticulously investigate the alleged victim’s motive and expose any lies or inconsistencies in their statements.
• Lack of Evidence: The prosecution carries the burden of proving every element of the crime beyond a reasonable doubt. If they cannot produce sufficient evidence of assault and battery or the required relationship, their case will fail.
• Accident: We can argue that the physical contact was completely accidental and there was no intent to cause harm. For example, a person tripping and falling into another does not constitute a crime.
• Mistaken Identity: In some situations, it may be a case of mistaken identity, where you are wrongly accused of a crime committed by another person. We will gather evidence to establish your innocence.

Why You Need to Act Now

The moment you are charged with assault and battery on a family or household member, the clock starts ticking. The Commonwealth is building its case against you, and every statement you make or action you take can be used to your detriment. The best way to protect yourself is to secure experienced legal counsel immediately.

At the Law Offices of Daniel DeMaria, we have a proven track record of successfully defending clients against these serious charges in Massachusetts. Our deep knowledge of the law and our unwavering commitment to our clients set us apart. We are prepared to fight for you with integrity and determination, ensuring your rights are protected every step of the way.

Frequently Asked Questions (FAQs)

1. What is the difference between an assault and a battery under Massachusetts law? In Massachusetts, assault is the intentional act that places someone in fear of an immediate harmful or offensive touching. Battery is the actual intentional and unconsented-to touching, no matter how minor. A domestic assault and battery charge combines both of these elements, requiring a showing of the act and the specific relationship between the parties.
2. The alleged victim wants to drop the charges. Will the case be dismissed? No. Once a criminal charge is filed in Massachusetts, it becomes a case between the Commonwealth and you, not between you and the alleged victim. The District Attorney’s office has full authority to proceed with the case, regardless of the victim’s wishes. While a victim’s desire not to prosecute can be a factor, it is by no means a guarantee of a dismissal.
3. What is a “209A” restraining order? A 209A restraining order is a civil order issued by a judge in Massachusetts to protect an individual from abuse by a family or household member. The term “209A” refers to the specific statute, M.G.L. c. 209A. These orders can require the defendant to stay away from the victim, the home, and the victim’s workplace, as well as to have no contact with the victim. Violating a 209A order is a separate criminal offense.
4. Can this conviction affect my firearm license? Yes. A conviction for assault and battery on a family or household member will almost certainly result in the revocation of your license to carry a firearm and disqualify you from obtaining one in the future.
5. What is the most important thing I should do right now? The most critical action you can take is to exercise your right to remain silent and immediately contact an experienced Massachusetts criminal defense attorney. Do not speak to the police, the alleged victim, or anyone else about the case. Anything you say can and will be used against you. An attorney can advise you of your rights and begin building your defense immediately.

Call us at 617-651-5577 or fill out our online contact form to get the immediate legal help you need and deserve.