Boston Domestic Violence Lawyer
Domestic violence involves physical or emotional abuse between intimate partners, household members, or family members. These include violence between husbands and wives, boyfriends and girlfriends, domestic partners, ex-spouses or ex-partners, family members, or people who have children together. This violence can include physical and sexual assault, kidnapping, stalking, verbal threats, as well as emotional violence.
Any Allegation of Domestic Violence Will Result in an Arrest
If there is serious bodily harm, a conviction will result in a felony. However, if there is no serious bodily harm involved, domestic violence is considered a misdemeanor and not a felony crime. Regardless, the Commonwealth of Massachusetts takes a serious stance on domestic violence. Any allegation of such abuse results in a mandatory arrest in Massachusetts. This policy obligates an investigating officer to arrest the person whom they assess to be the aggressor in a domestic altercation.
Even if an angry partner makes the allegation during the heat of an argument or a neighbor who hears what he or she believes to be a fight calls the police, this can lead to an immediate arrest. Often times, a complaining witness of the alleged violence recants his or her statement and requests that the charges be dropped. Once the complaint is made, however, the Commonwealth is the only party that can decide to drop charges and the accuser becomes powerless.
Possible Criminal Penalties
If accused and ultimately convicted, there can be serious consequences. These include: jail time, financial penalties, losing child custody or visitation, jeopardizing immigration status, revocation of a Firearm License, as well as damage to current or future professional career opportunities.
Furthermore, a recent change in legislation has added strangulation as an aggravated factor to assault and battery. Furthermore, if strangulation or asphyxiation is charged and the suspect has a previous assault and battery, then a conviction for a second offense carries with it a mandatory minimum sentence.
Call Our Attorneys to Learn More
If you have been arrested for domestic violence, contact the criminal defense lawyers at Kelly & Soto Law before talking to the police or prosecutor. Our lawyers can help make sure your legal rights are protected throughout the process. For a free consultation and realistic evaluation of your charge, call the lawyers at Kelly & Soto Law today at 617.807.0855.