Domestic Violence Lawyer

Common domestic violence charges include:

• Assault & Battery on a Family or Household Member
• Assault on a Family or Household Member
• Violation of An Abuse Prevention (209A) Order
• Strangulation or Suffocation

Bail/Release Conditions for those Facing Domestic Violence Charges

If you have been arrested for a Domestic Violence offense, the Commonwealth may request bail or may move for a 58A or “dangerousness” hearing to hold you without bail. This is likely to happen if you have a prior record of similar charges, convictions for assaultive charges, or if there are aggravating circumstances such as the alleged victim is pregnant or required medical attention. Ashley knows which factors are important to prove at these hearings in order for clients to keep their liberty while preparing for trial.

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Sentencing and Other Consequences for Domestic Violence Charges

Sentencing varies depending on whether you are being prosecuted in district or superior court, as well as your prior criminal record. Almost all domestic violence sentences involving a term of probation include the completion of the Certified Batterers Intervention program. This is an intensive course which spans several months. The Court may also order that you not abuse or have no contact with the alleged victim, and/or seek substance abuse treatment if alcohol or drugs contributed to the alleged altercation.

Being convicted of a domestic violence offense may also have adverse consequences to your housing, schooling, employment, and custody of your children.

Strangulation

In order to prove that the defendant is guilty of strangulation, the Commonwealth must prove three things beyond a reasonable doubt:

1. the defendant applied substantial pressure on the throat or neck of the alleged victim;
2. the defendant interfered with the normal breathing or circulation of blood of the alleged victim, without having any right or excuse for doing so; and
3. that the defendant acted intentionally.

Suffocation

In order to prove that the defendant is guilty of suffocation, the Commonwealth must prove three things beyond a reasonable doubt:

1. the defendant blocked the nose or mouth of the alleged victim;
2. the defendant interfered with the normal breathing or circulation of blood of the alleged victim, without having any right or excuse for doing so; and
3. the defendant acted intentionally.

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Strangulation or suffocation may be aggravated by (i) causing serious bodily injury; (ii) knowing or having reason to know that the victim is pregnant; (iii) knowing that there is an abuse prevention or restraining order in effect against the defendant; or (iv) having a prior conviction for strangulation or suffocation. G.L. c. 265, § 15D(c).

These charges often require the support of medical records from the alleged victim’s treatment in addition to testimony from the alleged victim in order to prove the charges beyond a reasonable doubt.

If you have been charged with a Domestic Violence offense, call McCormack Law today to protect your rights as well as those of your family.