The penalties for domestic violence in Massachusetts can range from jail time to probation. This depends on the circumstances of the offense and your record.
Domestic violence is a serious offense in Massachusetts law and can carry jail time, holding you without bond, and other serious penalties. If you’re charged with a domestic violence, contact a Massachusetts criminal defense lawyer to begin preparing your defense. Contact me today at (617) 295-7500 to get started on your defense.
What is Domestic Violence in Massachusetts?
The main domestic violence offense, assault and battery on a family or household member, consists of an assault and battery on someone with a certain relationship with you. The other person must be – (1) a spouse or former spouse, (2) have a child in common, or (3) have had a substantial dating relationship.
Can I Be Held in Jail for Domestic Violence?
In Massachusetts, you must be held for at least six hours on a domestic violence offense. Furthermore, the judge must carefully weigh the victim’s safety when deciding bail for someone accused of domestic violence. Domestic violence can also result in a dangerousness hearing. This could mean you’re held without bail for up to 120 days or until trial.
Can I go to Prison for Domestic Violence?
Assault and Battery on a Family or Household Member can be either a felony or a misdemeanor in Massachusetts. This depends on whether you have a prior domestic violence offense.
For a first offense, you can be punished up to two-and-a-half years in jail (or House of Corrections) and/or a $5,000 fine. For a second offense, you can be punished with a sentence of prison up to five years or a House of Corrections sentence up to two-and-a-half years.
Importantly, a domestic violence offense can affect your right to own a firearm and your immigration status. You can also be subject to a restraining order if charged with domestic violence.
What are the Defenses to a Domestic Violence Charge?
A charge of assault and battery on a family or household member has many defenses. A skilled criminal defense attorney can help you win your domestic violence charge. The defenses include self-defense, identity, and that no assault and battery occurred.
If you’re charged with domestic violence, you need to hire an experienced Massachusetts criminal defense attorney immediately. I have secured dismissals in dozens of domestic violence charges. Contact me today, and we’ll get started on your defense. Call (or text) me at (617) 295-7500.