Domestic and Violent Crimes

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If you have been charged with a violent crime, you need an attorney who understands that both sides of the story need to be heard. Your case deserves an attorney who will analyze the investigation of the police with a fine-toothed comb and do everything he can to help you prevail. Massachusetts Assault and Battery Lawyer Kevin R. Collins has worked on the most serious charges in the justice system: attempted murder, assault and battery with a dangerous weapon, and manslaughter, among many others. Attorney Collins brings decades of experience to your case and will do everything in his power to get the best result possible.

What Is The Difference Between a “Regular” Assault and Battery Charge and a Domestic One?

In Massachusetts, a domestic assault and battery charge (governed by M.G.L. c. 265, § 13M) applies when the alleged victim is a “family or household member”, a spouse, former spouse, someone you share a child with, a current or former household member, or someone you are or were in a substantive dating relationship with. The elements of the underlying offense are similar to a standard assault and battery charge, but a domestic designation carries added consequences. It can trigger a mandatory arrest at the scene, a no-contact order as a condition of release, and enhanced scrutiny from prosecutors who often pursue these cases more aggressively regardless of whether the alleged victim wants to proceed.

What Happens if the Alleged Victim Does Not Want to Press Charges?

Many clients are surprised to learn that in Massachusetts, the decision to prosecute belongs to the District Attorney’s office, not the alleged victim. Even if the complaining witness recants, refuses to cooperate, or wants the case dropped, prosecutors can, and often do, continue pursuing the charge using police reports, 911 calls, medical records, and other independent evidence. Attorney Collins understands how these cases are built and investigated by the Commonwealth, having handled them from the prosecution side as a former Assistant District Attorney, and uses that insight to identify weaknesses in the government’s case.

What Are The Potential Penalties?

Penalties vary widely depending on the specific charge and any aggravating factors, such as use of a dangerous weapon, a prior record, or injury to the alleged victim. Charges can range from a misdemeanor assault and battery, which may include probation but still can carry the possibility of jail time and a lasting criminal record, up to felony charges such as assault and battery with a dangerous weapon or strangulation, which can result in years in state prison. A conviction, even a first offense, can also affect custody proceedings, firearms rights, immigration status, and professional licensing.

What Happens After an Assault and Battery Arrest? The Court Process

1. Arraignment: your first court appearance, charges are read, plea of not guilty entered.
2. Pretrial Conference: where much of the case strategy, including motion practice, gets set.
3. Motion Hearings: arguments to suppress evidence (the stop, tests, or statements) before trial.
4. Trial or Disposition: a bench or jury trial, or a negotiated resolution such as a Continuation Without a Finding (“CWOF”) or dismissal.

Has a Restraining Order Been Filed Against You?

A criminal charge is often accompanied by a civil restraining order (a 209A order) filed by the alleged victim. These orders can require you to leave your home, surrender firearms, and stay away from your children. 209A Order are often based on one-sided testimony at an initial hearing where you have little opportunity to respond. If a restraining order has been filed against you, review Attorney Collins’ publication, “5 Facts to Know if a Restraining Order Has Been Filed Against You in Massachusetts,” and contact his office immediately. These orders move fast, and how you respond in the first hearing matters.

Contact Massachusetts Domestic and Violent Crime Attorney Kevin R. Collins For A Complimentary Consultation

Massachusetts Assault And Battery Lawyer Kevin R. Collins has handled hundreds of domestic assault and battery cases in courthouses all across Massachusetts. Both as a prosecutor and a defense attorney, Attorney Collins brings decades of experience to your case and will do everything in his power to get the best result possible.

If you have been charged with a violent crime, you should contact Massachusetts Domestic Assault and Battery Attorney Kevin R. Collins for a complimentary consultation today.