Assault on a Family or Household Member is considered domestic violence in Massachusetts. Massachusetts General Law c 265 section 13m defines assault on a family or household member. Assault on a Family or Household Member is a misdemeanor crime. It is punishable by not more than 2.5 years in jail. A subsequent conviction of assault on a household member is a felony. That is punishable by up to 5 years in prison. Anybody convicted must also complete a certified batterer’s program.
There are two forms of Assault on a family member. Assault is either an attempted battery or an immediate threatened battery. Battery is the unconsented to touching of another, like punching or slapping.
What’s Assault on a Family Member?
To convict someone of assault under the attempted battery theory, the prosecutor must establish, with utmost certainty, that the individual had the intention to physically harm the victim. Additionally, clear and overt action must have been taken, and the person must have been close to carrying out the battery. It is not necessary to provide proof of whether or not the victim was genuinely afraid.
Threatened Assault on a Family Member
The prosecutor must prove three elements beyond a reasonable doubt to get a conviction for assault on a family member. The three elements the prosecutor must be proven beyond a reasonable doubt are:
- First, the defendant intended to put the victim in fear
- Secondly, engaged in some conduct aimed at the victim
- Thirdly, the victim reasonably believed there was an imminent threatened battery.
Also, the prosecutor must prove the defendant and victim were family or household members. That is because Massachusetts law defines family or household members as a married couple, a couple that has a child in common, or have been in a substantive dating relationship.
Assault on Family Member Lawyer
Courts treat domestic violence cases extremely seriously. In light of that, Patrick Donovan, a Massachusetts criminal attorney, has successfully defended many domestic violence charges in Quincy, Boston, and throughout Massachusetts. Mr. Donovan is a former prosecutor who uses that experience to get the best possible outcome for each of his clients. As a criminal defense lawyer, Mr. Donovan believes in taking a client-first approach to all criminal defense cases.
When facing assault charges involving a family member in Massachusetts, securing the services of a skilled criminal attorney is crucial to navigating the legal complexities and protecting your rights. A seasoned attorney specializing in criminal defense can provide invaluable assistance throughout the legal process. By leveraging their expertise and knowledge of Massachusetts state laws, they can craft a strategic defense tailored to your unique situation.
One of the primary ways a criminal attorney can help is by conducting a thorough investigation into the circumstances surrounding the alleged assault. This includes gathering evidence, interviewing witnesses, and scrutinizing police reports to uncover any inconsistencies or weaknesses in the prosecution’s case. By meticulously analyzing the facts, your attorney can build a strong defense strategy aimed at achieving the best possible outcome for your case.
Furthermore, a skilled criminal attorney can negotiate with prosecutors on your behalf to potentially have the charges reduced or dismissed. They can leverage their relationships within the legal community and advocate for alternative sentencing options, such as probation or counseling, which may be more favorable than facing harsh penalties.
In addition to their legal expertise, a criminal attorney can also provide invaluable support and guidance throughout the emotional and stressful process of facing criminal charges. They can offer reassurance, answer any questions you may have, and provide realistic expectations about the potential outcomes of your case.
Moreover, hiring a criminal attorney demonstrates to the court that you are taking the charges seriously and are committed to defending your rights. This proactive approach can positively influence the court’s perception of you and may result in a more favorable disposition of your case.
In conclusion, when facing assault charges involving a family member in Massachusetts, enlisting the services of a skilled criminal attorney is essential. From conducting a thorough investigation to negotiating with prosecutors and providing ongoing support, a knowledgeable attorney can make all the difference in achieving a favorable outcome in your case.
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