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Massachusetts has some of the strictest laws and procedures on the books when it comes to crimes of domestic violence. At the same time, DV cases are often full of holes, missing witnesses, or based on exaggerated or made-up testimony. However, this doesn’t mean that those facing domestic violence offenses should sit back and wait for the case to get dropped because, in some cases, the Commonwealth may be able to proceed without the alleged victim’s participation. At the Law Office of Patrick J. Murphy, our Middlesex domestic violence defense attorney has nearly three decades of experience aggressively defending the rights of men and women charged with serious DV crimes. We understand that these cases are exceptionally complex and what it takes to mount a successful defense against even the toughest cases.
Under Massachusetts law, a domestic violence offense refers to certain types of crimes that are committed against “family or household members.” Under Mass. General Laws Chapter 209A Section 1, family or household members refer to the following relationships:
Courts have the final decision regarding whether a relationship amounts to a “substantive dating or engagement relationship,” which depends on the following factors:
The definition of domestic violence in Massachusetts includes three different types of crimes, including the following:
The most commonly charged domestic violence offenses in Middlesex County include:
To prove assault and battery against a family or household member requires the government to prove that you put another person in imminent fear of physical injury and that your actions were likely to result in actual injury. Assault and battery on a family or household member carries a maximum sentence of 2.5 years in a house of correction as well as a fine of $1,000.
Witness intimidation is a crime that punishes those who threaten, injure, or attempt to injure a witness, including an alleged victim. It is also considered witness intimidation to attempt to influence someone not to testify or show up to court by giving them a gift or anything else of value. Intimidation of a witness is punishable by ten years in state prison and a fine between $1,000 and $5,000.
Strangulation is a specific type of assault and battery in which someone uses pressure applied to another’s neck or throat to interfere with their normal breathing or blood flow. Strangulation punishments include up to a five-year prison sentence and a fine of $5,000.
Middlesex County prosecutors take allegations of domestic violence very seriously, so it is imperative to discuss your case with a Middlesex domestic violence defense lawyer as soon as possible.
If you’ve been arrested and charged with a DV crime, having a dedicated Middlesex County criminal defense lawyer in your corner can make the difference in your case. At the Law Offices of Patrick J. Murphy, we take a comprehensive and individualized approach to every case we handle, ensuring that your case receives the attention it deserves, so nothing slips through the cracks. To learn more, and to schedule a free consultation with an attorney today, call 617-367-0450 or reach out to us through our online contact form. We represent clients in Framingham, Lowell, Woburn, Malden, Concord, Waltham, and Cambridge district courts.