Is Domestic Violence a Felony in Massachusetts?

Written By: Matthew W. Peterson

Published: 09/24/2021

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Is Domestic Violence A Felony Charge?

Is domestic violence a felony or a misdemeanor depending on the circumstances? In Massachusetts, domestic violence cases are often charged as assault and battery on a family or household member.

Importance of Criminal History

The defendant’s criminal history and background will need to be examined in order to detect areas that may work in his or her favor. A spotless criminal record will raise the defendant’s chances of a lighter sentence. If the defendant has multiple previous charges of domestic violence, he or she may be charged with a felony. The nature of the charges, the time served (if any), and the overall sentence will also affect the possible outcome.

Consequences of Prior Convictions

If you have a prior conviction for domestic violence, any later domestic violence offense is a felony. Your first offense can carry a penalty of up to two-and-a-half years in the house of corrections, but any later offense can carry state prison time.

Additional Charges

Sometimes, domestic violence charges could result in other charges, which can be considered felonies. These charges include assault and battery with a dangerous weapon and strangulation/suffocation.

Impact on Employment and Rights

Your employment or immigration status may be affected as well. A domestic violence charge could also mean the loss of your gun rights. A skilled attorney with a thorough understanding of the potential implications and legal precedent of the defendant’s past will help conclude the case positively.

Seeking Legal Representation

If you are charged with domestic violence in Massachusetts, you need an experienced domestic violence attorney. The Law Office of Matthew W. Peterson has successfully represented dozens of people charged with domestic violence. Call or text the Law Office of Matthew W. Peterson today at (617) 295-7500. Let’s get started on your defense.

Frequently Asked Questions (FAQs)

1. What constitutes domestic violence in Massachusetts?

Domestic violence in Massachusetts typically involves physical harm, the threat of harm, or coercive behavior against a family or household member. This can include assault, battery, stalking, or any form of abusive behavior.

2. What are the potential penalties for a domestic violence conviction?

Penalties for domestic violence convictions can vary widely. A first offense may result in up to two-and-a-half years in a house of corrections, while subsequent offenses can lead to state prison time. Additional charges, such as assault with a dangerous weapon, can also increase penalties.

3. Can I have a domestic violence charge expunged from my record?

In Massachusetts, expungement of a domestic violence charge is generally not possible if it resulted in a conviction. However, certain circumstances may allow for sealing the record after a set period. Consulting with an attorney can provide guidance on your specific situation.

4. How can a domestic violence charge affect my immigration status?

A domestic violence charge can have serious implications for immigration status. It may impact eligibility for visas, residency, or citizenship applications. It’s crucial to consult with an immigration attorney if you are facing such charges.

5. What should I do if I am falsely accused of domestic violence?

If you are falsely accused of domestic violence, it’s important to remain calm and seek legal representation immediately. An experienced attorney can help you gather evidence, build your defense, and protect your rights throughout the legal process.