What is the sentence for domestic violence in Massachusetts?

Written By: Matthew W. Peterson

Published: 02/03/2025

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Chargers for Domestic Violence in Massachusetts: Understanding Your Rights and Consequences

Charges for Domestic violence in Massachusetts carry serious immediate and long-term consequences that can significantly impact your life, family, and future. If you’re facing domestic violence charges, it’s crucial to understand both the legal definition and potential penalties under Massachusetts law. The Law Office of Matthew W. Peterson is here to help you know what domestic violence is.

What Constitutes Domestic Violence in Massachusetts?

Domestic violence is typically charged as assault and battery on a family or household member. Under Massachusetts law, a family or household member includes:

Current or former spouse
Present or former romantic partner
Individuals with whom you share children
A person related by blood or marriage
A person residing in the same household

The legal threshold for assault and battery in Massachusetts is notably low. Any offensive or unconsented touching, regardless of how slight, can constitute assault and battery. This broad definition means that even minor physical contact could result in domestic violence charges.

Specific Criminal Penalties

The penalties for domestic violence offenses vary significantly based on the specific charge and the defendant’s prior record. For a first offense of assault and battery against a family member, the potential sentence.

Misdemeanor Domestic Assault and Battery

Up to 2.5 years in the House of Corrections
Potential for “continuance without a finding” (CWOF) or probation
Criminal record implications
Mandatory completion of certified batterer’s intervention programs

Felony Strangulation/Suffocation

Felony/State prison sentence
Extended jail time
Enhanced penalties for repeat offenses
Additional probation requirements

For subsequent offenses or more severe charges like assault with a dangerous weapon, the penalties escalate considerably. Repeat offenders may face imprisonment for up to 5 years or longer for more serious injuries inflicted during the incident. Additionally, certain conditions may be imposed, such as mandatory participation in anger management programs.

Mandatory Program Requirements

If convicted, you may be required to complete:

Certified Batterer’s Program or Intimate Partner Abuse Education Program
40+ weeks of in-person attendance
Weekly sessions
Significant time commitment that can impact work and family obligations
Additional program costs
Strict attendance requirements

Immediate Legal Consequences

When charged with domestic violence in Massachusetts, you face several immediate legal procedures:

Mandatory 6-Hour Hold: Massachusetts law requires a minimum 6-hour holding period before bail eligibility following a domestic violence arrest. This “cooling-off” period applies regardless of circumstances.

Risk of Pre-trial Detention: Under Massachusetts General Laws Chapter 58A (dangerousness hearings), prosecutors can move to hold defendants without bail for up to 120 days if they can demonstrate that no conditions of release will ensure public safety.

Long-term Professional and Personal Impact

A domestic violence conviction results in several permanent consequences:

Firearms Rights

Permanent loss of firearms rights under both state and federal law
No restoration process is available
Impacts on both personal and professional firearm use

Professional Consequences

Disqualification from numerous state licenses
Limited employment opportunities
Background check implications
Professional certification restrictions
Security clearance issues

Additional Impact

Permanent criminal record affecting employment opportunities
Restricted child custody and visitation rights
Immigration consequences for non-citizens
Housing limitations
Impact on future restraining order proceedings

The Importance of Experienced Legal Defense

False accusations of domestic violence can devastate your life, career, and family relationships. When facing domestic violence charges, you need an attorney who will:

Aggressively defend your rights
Challenge evidence and witness testimony
Navigate complex bail hearings
Negotiate with prosecutors
Develop effective defense strategies
Work to preserve your professional licenses and career
Protect your family relationships

The Law Office of Matthew Peterson stands ready to provide strong, effective representation for those facing domestic violence charges. We understand the serious nature of these allegations and the importance of mounting an aggressive defense to protect your rights and future.

If you’ve been falsely accused of domestic violence, time is critical. Contact the Law Office of Matthew Peterson today for a dedicated legal defense that will fight to protect your rights and future.