High Court picture taken by Ian Britton: Freefoto.com
A person is charged with domestic assault and battery. In a domestic assault and battery, the defendant has an existing relationship with the alleged victim. Domestic assault and batteries most commonly happen between people in married or dating relationships. A person can also be charged with domestic assault and battery on their family member. Whether the assault and battery is characterized as domestic or not the maximum penalty is the same.
When most people get charged with domestic assault and battery they believe that the alleged victim is pressing the charges. As a result, they also believe that if the alleged victim isn’t pursuing the charges, the charges will be dismissed. In actuality, the charges usually came about because the police file application for criminal complaint. The clerk issued the complaint. And now the district attorney’s office is prosecuting the charges. The district attorney office is the entity that is prosecuting the charges and not the alleged victim.
Though the district attorney’s office may take the alleged victim’s wishes into consideration, the prosecution have to do what an allege victim wants. District attorneys around the country are increasing their pursuit in these types of cases. It is becoming much more difficult to resolve these cases even if the alleged victims want them dismissed.
Assault and battery charges are serious and many defendants are being wrongfully accused of these crimes. If you are charged with an assault and battery case, expect it to take at least a few cases even if the alleged victim wants the case dismissed.
For more information regarding:
Help for domestic violence victims http://www.janedoe.org/ Executive Office for Sexual and Domestic Violence http://www.mass.gov/?pageID=eopssubtopic&L=4&sid=Eeops&L0=Homeamp;L1=Crime+Prevention+%26+Personal+Safety&L2=Personal+Safety&L3=Sexual+and+Domestic+Violence
Resources for Domestic Violence and Abuse
Counseling and Education to Stop Domestic Violence
Domestic Violence Unit
For more information: visit www.attorneychan.com or contact me at 508-808-8902