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.
