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Will I get Jail Time for Domestic Violence?

When you’ve been charged with domestic violence, it can be difficult to know what the road ahead looks like as you face serious penalties and consequences. In the state of Massachusetts, domestic violence can carry jail time. It depends on the nature of the charges and if you have a history of arrests or jail time.

Domestic Violence Charges Can Mean Jail in Massachusetts

The penalties can range from probation to jail time and are handled on a case-by-case basis. It’s a serious offense. You may find yourself behind bars without the ability to post bond. The crime consists of battery or assault on a family or household member. It can be anyone that you’re in a close relationship with, even if you don’t live in the same household. It may also be a spouse, child, or someone that you’re dating. This includes physical harm against another individual.

If you’re arrested for domestic violence, you’re required to spend at least six hours in jail. The judge will then evaluate the safety of the victim and will decide your bail.  If the victim doesn’t want to press charges, you can still be arrested even if there isn’t any evidence supporting the accusations. Many people are arrested to ensure the victim is protected and to prevent the person from entering the home where the victim is present.

Even for a first-time domestic violence charge, you could be facing dangerousness and not be released from jail for at least 120 days.

If you’re found guilty of domestic violence, the judge may order jail time.  For a first offense, you can face up to 2 1/2 years in jail or a House of Corrections. The court may order you to pay a $5,000 fine. If you get a second offense for domestic violence, this is a felony.  You can face up to five years in state prison or be sentenced to time in the house of correction.

Are There Other Consequences for a Domestic Violence Charge?

Even after you serve your time in jail, a domestic violence conviction will prevent you from ever legally owning a firearm. The judge may order you to stay a specific distance away from the victim for the duration of probation.

If you’re being charged with domestic violence in Massachusetts, you should obtain the services of a legal professional to ensure you have a proper legal defense. An attorney can fight for the best possible resolution and will look at all the details of the case and any evidence. The legal professional will formulate the best possible strategy to help you get into a better position and improve the outcome of the case.

Call or text me today at (617) 295-7500.  I have successfully defended dozens of people charged with domestic violence in Massachusetts and would be glad to help you.


Although I am an attorney, I am not your attorney.  Please do not rely on anything on this page as legal advice because any specific advice would depend on your situation.  Any results posted on this page are not guarantees of outcomes in your case.

Boston Attorney

The court system is stressful, whether you’re being charged with a crime, being sued, suing someone, or fighting for your ability to stay and work in this country. You need someone who appreciates this and can dedicate the time not only to represent you effectively in court but to guide you through the process.

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