DOMESTIC ASSAULT AND BATTERY

Top-rated Domestic Assault and Battery Lawyer in  Bristol, Norfolk, & Plymouth Counties, Massachusetts

Domestic assault and battery, encompassing violence against a household member, police officer, or with a dangerous weapon, is a serious offense with significant legal ramifications in Massachusetts. These charges can carry not only jail time and fines, but also restraining orders, mandatory counseling, and a lasting impact on your personal life, employment prospects, and even custody arrangements. 


Our multi-faceted approach starts with a thorough scene investigation to uncover crucial evidence overlooked by law enforcement.

Based on the gathered evidence, we can aggressively challenge the credibility of accusers and witnesses through detailed background checks and cross-examination strategies. 


Alternatively, we can negotiate with prosecutors for charge reductions or dismissals. In some cases, we can explore the possibility of sealing or expunging your record to minimize the long-term impact of the charges. Get in touch with the Law Office of Michael P Carroll PC today for more information.

How We Can Help

  • Challenging Probable Cause: We thoroughly examine the circumstances that led to your arrest. We will look for potential flaws in police procedure or probable cause for the charges. This process involves contesting the legality of search warrants, witness testimonies, or the initial detainment.
  • Mitigating Factors: Our lawyers explore all mitigating factors that could lessen the charges or sentencing. This might include self-defense arguments, mental health evaluations, evidence of prior abuse by the alleged victim, or intoxication that significantly impaired your judgment.
  • Pre-Trial Negotiations: Depending on the severity of the charges and other factors, we can engage the prosecution in plea bargaining discussions. We will aim for a lesser charge, reduced jail time, or participation in pretrial diversion programs (if applicable) in exchange for completing counseling or community service.
  • Court Representation: We have a proven track record in presenting compelling defense arguments, cross-examining witnesses, and contesting the prosecution's evidence.
  • Firearm Rights Protection: For cases involving alleged dangerous weapons, we consult with ballistics experts and materials scientists to contest the classification of objects as "dangerous weapons" under Massachusetts law. We work with you to explore all possible legal recourses. 

Legal Consequences of Domestic Assault and Battery Charges

Assault and Battery on a Household Member

Under Massachusetts General Laws Chapter 265, Section 13M, this offense is a misdemeanor punishable by up to 2.5 years in the house of correction, a fine of up to $5,000, or both. A conviction also mandates the completion of a certified batterer's intervention program. Subsequent offenses may be charged as felonies, carrying increased penalties.

Assault and Battery on a Police Officer

According to G.L. c. 265, section 13D, this charge is a felony offense. A conviction can result in a minimum 90-day jail sentence or up to 2.5 years in a house of correction, plus a fine of $5,000. The severity of the sentence often depends on the extent of injury to the officer and the defendant's prior record.

Assault with a Dangerous Weapon

This felony offense, defined in M.G.L. c. 265, section 15B, carries a maximum sentence of 5 years in state prison or 2.5 years in jail, along with a fine of up to $1,000. If the weapon is a firearm, the minimum sentence is 18 months. The court considers factors such as the nature of the weapon and the defendant's intent when determining the sentence.

GET A QUOTE

CLIENT TESTIMONIALS

If you need a lawyer Michael Carroll is the way to go. Knowledgeable, and professional can't think of anyone else better. If ever need lawyer again he's who I will call!

Mike S.

Grateful for Mike’s help! He is professional, supportive, and responded quickly to my questions. The legal system can be overwhelming and Mike helped me make sense of it. He is not only knowledgeable and experienced, but also friendly and easy to talk to. He charged a very fair price for the value of his services. I highly recommend.

Colleen C.

He listened to me and was by my side through the whole process. The road was hard at times but the outcome of my divorce was better than I expected.

Sylvia S.

Mike is a great attorney with superb negotiating skills. Mike is the go-to person any time I need to run a case by him for his opinion. Mike has a great knowledge of the defense side of a case having been a BI adjuster for many years.

Jeffrey L.

Expertly helped very quickly (with time constraints) and efficiently with great professionalism and affability. Would absolutely recommend his services.

Dante B.

Most excellent lawyer- very hard worker-easy to talk to -always looks out for my better behalf. totally happy !

Steve L.

Protection for Victims of Domestic Assault and Battery

If you are a victim of domestic assault and battery, it is crucial to seek legal protection immediately. The Law Office of Michael P. Carroll PC is committed to helping victims of domestic violence get the protection they deserve and hold perpetrators accountable for their actions. We assist victims by:

Obtaining Restraining Orders

We can help you file for a restraining order (also known as a protection order) to keep the perpetrator away from you, your children, and your home. This is a critical step in preventing further harm and ensuring your safety.

Criminal Prosecution

As a victim, you have the right to press charges and seek justice. Our team will help you navigate the criminal justice process, ensuring that the offender is held accountable for their actions.

Victim Support Services

We understand the emotional and psychological toll that domestic violence can take. We can connect you with counseling and support services to help you heal and move forward with your life.

Family Law Matters

In cases involving children, domestic violence charges can affect custody and visitation arrangements. We will fight to protect your rights and ensure that your children are placed in a safe environment.

Understanding Domestic Assault and Battery

Domestic assault and battery are criminal offenses that involve violent behavior or the threat of violence against a person with whom the offender has an intimate or familial relationship. These charges are considered serious due to the potential for physical harm and the emotional impact they have on families. The criminal justice system treats domestic assault and battery with heightened sensitivity, which is why it is essential to have an experienced attorney to protect your interests.

  • Assault: Assault is the intentional act of causing another person to fear imminent harm or violence. This could involve threats, gestures, or actions that make the victim believe they are in immediate danger.
  • Battery: Battery involves the actual physical contact or harm to another person without their consent. It could range from hitting, slapping, or pushing to more severe forms of physical violence.

When these offenses occur in a domestic setting—such as between spouses, partners, or family members—they are charged as domestic assault and battery. The legal process for handling domestic violence cases is different from other assault and battery cases, as they often involve added complexities such as protective orders, child custody issues, and heightened emotional stakes.

Let Us Help You Build a Strong Defense

We are well aware of the lasting impact these serious charges can have on your life. Our goal is to protect your rights, freedom, and future. For clients with no prior record, we aggressively pursue pre-trial diversion programs to avoid formal charges. Our lead attorney, Michael P. Carroll, will be your representative in court, challenging the prosecution's case by confidently cross-examining the prosecution's witnesses, potentially exposing inconsistencies or weaknesses in their testimonies. 


Get in touch with our office today for more information. 

Share by: