Domestic assult intimidating witness massachusetts
Domestic violence is treated differently than other crimes in Massachusetts.
In cases of domestic abuse police officers are permitted to make an arrest even if they did not see the abuse first hand.
The alleged victim also showed police bruises, which she claims were the result of the defendant’s assault.
The defendant testified at the restraining order hearing in his defense, stating that he and the alleged victim had already broken up and that he was in the process of moving in with a new girlfriend.
This means that in exchange for a plea a prosecutor would agree to reduce the charge from assault and battery with a dangerous weapon to simple assault. A violation of the order is a misdemeanor criminal charge and if it involves someone in a dating relationship, spouse or family member, it will be regarded as a domestic case.
If you have been charged with intimidation of a witness, contact my office immediately for your free consultation.
Massachusetts domestic violence cases feature a major difference from other misdemeanor assault crimes: the police must make an arrest if they find any probable cause to believe that the crime was actually committed.
If you have been arrested for domestic assault or any other family violence charge contact Boston Domestic Violence Attorney Steven J.
The alleged victim also claimed that during the argument, the defendant pushed her into a wall, cabinets, and a door, slammed a door on her arm, and pushed her child, whom she apparently brought with her, into a bush.
The witness intimidation statute in the Commonwealth is serious, broadly written, and extraordinarily harsh.
They are also poorly understood by police, judges, prosecutors and attorneys alike.
A heated argument can be exaggerated into a violent one — a push can turn into a blow, a slap into a punch, or a misdemeanor shove into a wall can be charged as felony assault with a dangerous weapon. Topazio, we use our experience with a wide range of domestic violence situations to help return common sense to the process.
We can use a little-known legal tool known as “accord and satisfaction” to help avoid criminal consequences in cases where the complaining witness had no idea that calling the police could generate so much trouble.