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Boston Domestic Violence Attorneys

Every story has two sides, and we will believe your version of events. We work hard to show that the alleged victim is fabricating or exaggerating the allegations, and we create a reasonable doubt in the minds of the prosecutor, judge and jury. We also work with counseling experts to see if the client can benefit from treatment in order to show that an act of poor judgment was a one-time event that is unlikely to be repeated. We defend clients throughout Massachusetts against domestic violence charges.

What Is Domestic Violence?

In Massachusetts, domestic violence is defined as any act that causes physical harm, attempts to cause physical harm, or induces fear of imminent serious physical harm among family or household members. This can also include forcing someone into an involuntary sexual relationship. A household member doesn’t just mean family; it includes anyone you’re living with, people who are or were married, individuals who have children together, and even roommates. This broad definition is designed to protect a wide range of individuals from physical and psychological harm within their own homes.

Components Necessary to Charge Someone with Domestic Violence

To charge someone with domestic violence in Massachusetts, several key components must be present:

  • Relationship: The offender and the victim must have a specific relationship, such as being family members, spouses, former spouses, cohabitants, or individuals who share a child in common.
  • Conduct: There must be evidence of abusive behavior, which can include physical assault (like hitting, pushing, or causing injury), attempts to cause fear of imminent harm (such as threats or stalking), or forced sexual contact.
  • Evidence: There must be sufficient evidence to prove the occurrence of these behaviors. This could include medical records, witness testimonies, photographs of injuries, or documented communications (like texts or emails) that demonstrate the abusive behavior.

The presence of these components allows law enforcement and the courts to proceed with charging an individual with domestic violence and ensures that the legal process addresses the safety and protection of the victim effectively.

Types Of Domestic Violence Charges In Massachusetts

In Massachusetts, the law takes domestic violence seriously, and there are different charges for various harmful behaviors. Understanding these can help us recognize the seriousness of each situation. Here’s a simple explanation of the main types of domestic violence charges:

  • Assault and battery: When someone physically attacks or threatens another person, causing harm or fear. It’s one of the most common charges related to domestic violence.
  • Assault and battery on a family or household member: This is similar to assault and battery but is specifically when the attack involves a family member or someone who lives in the same house. The law treats these cases as more severe because they happen within a family.
  • Stalking: This charge is for actions that make someone else feel unsafe repeatedly. This could include following someone around, showing up uninvited or constantly contacting them against their wishes.
  • Criminal harassment: This involves repeatedly bothering or threatening someone in ways that would make a reasonable person feel very upset or stressed.
  • Violation of a restraining order: If a court has issued a restraining order for someone’s protection and the person against whom it is issued breaks the rules of that order, they can be charged with this. It shows the importance of following the court’s instructions to keep people safe.

The consequences for these charges can range from fines and probation to time in jail, depending on what happened, if there were previous offenses and how much the actions affected the victim. Massachusetts aims to punish those who break these laws and to prevent further harm in domestic situations.

What Are The Penalties For Domestic Violence In Massachusetts?

In Massachusetts, the law treats domestic violence as a severe crime, and those found guilty face serious penalties. Understanding these penalties is important for anyone involved in such cases, whether they are seeking protection or facing accusations.

  • Misdemeanor domestic violence charges: These charges are punishable by up to 30 months in prison and fines up to $1,000. Additionally, individuals convicted must complete a court-ordered anger management program, which entails dozens of sessions spread over many months. A conviction results in a permanent criminal record, adversely affecting opportunities for employment, housing and higher education. The social impact is also significant, influencing how co-workers, relatives, neighbors and the police view the individual.
  • Felony domestic violence charges: These charges apply if the alleged victim suffered serious injuries, is a senior citizen or was pregnant at the time of the incident. The consequences of a felony conviction are more severe, with potential imprisonment of up to 15 years. Like misdemeanor charges, a felony conviction results in a permanent criminal record, severely impacting the individual’s life both socially and professionally, with greater stigma and additional legal disabilities such as loss of civil rights.

These penalties show how seriously Massachusetts takes domestic violence, aiming to punish offenders and protect victims effectively.

Why Hire Carney, Gaudet & Carney For Domestic Violence Defense?

Discover why Carney, Gaudet & Carney stands out as a premier choice for criminal defense, offering unparalleled expertise, a renowned defense team, and a client-focused approach.

  • Unwavering commitment to criminal law: At Carney, Gaudet & Carney, we are dedicated to defending individuals in criminal cases. Our attorneys have extensive experience and understanding of the complexities associated with both federal and state criminal laws. This commitment allows us to craft effective defense strategies that are carefully tailored to meet the unique circumstances of each of our clients’ cases.
  • High-profile defense team: Led by J. W. Carney Jr., a highly recognized attorney with over four decades of experience and a track record of handling high-profile cases. His level of experience and reputation in successfully defending notable cases, including clients like Tarek Mehanna and “Whitey” Bulger, positions Carney, Gaudet & Carney to aggressively defend those facing serious criminal allegations.
  • Client-centric approach and team strategy: Carney, Gaudet & Carney emphasizes a collaborative team approach and a strong commitment to listening to and believing their clients’ stories. This approach not only fosters a more personalized and sympathetic legal service but also allows for the pooling of diverse legal skills and knowledge, enhancing the defense strategy tailored to the unique aspects of each case. In addition, the firm’s strategy includes involving senior experienced attorneys in key roles while allowing for cost-effective representation, which can be a significant differentiator for clients concerned about the affordability of robust legal defense.

Contact Our Firm

The best way to protect yourself – and your future – is to consult with experienced criminal defense lawyers as soon as possible. You will be able to reach one of us when questions arise, and we ensure that you will have the best defense possible. To get started, call our firm at 617-404-9683 or contact us online to schedule your consultation.

Case Result

Domestic Violence

Result: Client found not guilty of assault and battery with a dangerous weapon, assault and battery on a family household member, assault and battery, and multiple restraining order violations following a jury trial.

Our client was accused of assault and battery with a dangerous weapon, assault and battery of a family household member, and assault and battery. After he was charged with three restraining order violations involving his ex-wife and his release was revoked, he hired Carney, Gaudet & Carney. We obtained our client’s release from jail and began litigating his case. We showed that our client’s ex-wife had drained his financial accounts after she had him arrested. Attorneys Nat Carney and Dan Gaudet represented the client during a four-day jury trial that included a vigorous cross-examination of the ex-wife. The jury did not find her credible and returned a verdict of not guilty on all charges.