Whether you are involved in a bar fight one argument which took turned physical
at home with your spouse or partner you may find yourself charged with domestic assault
and battery and in the Boston District Court wondering what to do. It is
important to understand that if the police respond to a home where there is an
allegation that someone was hit or if they see an injury and believe it may have
been caused by an assault they are ordered to take action and to make an arrest.
Many times the alleged victim pleads with the police to not make an arrest and
claim that nothing happened. The police will ignore the alleged victim and will
make an arrest if someone has reported to physical assault or the view an injury
that appears to be an assault, the police do this to avoid the situation
escalating and them responding later to an even more serious situation where
someone is injured even worse or killed. The last thing the police want is to
leave a scene which may become explosive only later to find out that it did and
it will be known that they responded and did nothing in the earlier instance. So
they cover themselves and also make sure they protect a person from further domestic abuse by making an arrest based on a mere allegation. But it doesn’t end there, the prosecutor will seek to prosecute the a charge of assault and battery on a family or household member which is treated as a domestic violence case. The charge is pursued even if the alleged victim says that they lied and nothing happened. They will go forward even without the victim if there is any independent evidence that an assault occurred. Independent evidence may be other witnesses who saw what happened, visible injuries or anything else which can be used as evidence that an assault took place especially any admissions by the suspect..
Assault and battery with a dangerous weapon is a charge of assault with some
type of device which can be considered dangerous. A foot in a shoe used to kick
someone can be considered a dangerous weapon.
Simple assault and battery is a physical touching against another person against their will no matter how slight. So even if you did not harm a person all that is needed is a touching without their permission. This is charged usually when there’s a fight between two strangers at a bar or on the street. Aggravated assault and battery is when an assault occurs which leads to serious injuries, this charge carries enhanced penalties because of the aggravated injuries. Other charges can take the form of assault and battery on an elderly person, assault and battery on a disabled person or an emergency personnel or police officer while in the line of duty.
If you find yourself arrested and charged for any of these offenses you need to
call a Boston criminal defense attorney to represent you and protect your rights
throughout the case.
If charged with assault and battery on a household or family member you may be ordered to stay out of the home if you were released. You need an
experienced criminal defense attorney to argue on your behalf so that you are
released on bail with the least restrictive conditions possible. Many spouses
find themselves kicked out of the home by the court without any recourse. A
Boston criminal lawyer can fight to make sure you have the right to either stay
in the home or at the very least obtain your belongings so that you can continue
work and deal with the situation as best as possible.
As a Boston criminal lawyer Frank Fernandez has represented clients charged
with assault and battery on a household or family member as well as all other types of assault charges mentioned above. Attorney Fernandez has been able to achieve excellent results including dismissal of the case while also obtaining the best results when it comes to bail hearings and conditions of release for his
If you were charged in Boston Municipal Court or in Suffolk, Middlesex, Norfolk, Essex and any other county feel free to call to receive a free consultation from attorney Frank Fernandez. Call now 617-393-0250.