New Bedford Domestic Assault and Battery Lawyer

As a New Bedford Criminal Defense Lawyer, Attorney DelSignore has helped many people charged with a domestic assault and battery avoid a criminal conviction. If you have been charged, this web page will explain how to quickly resolve the case so that it does not appear on your record.

There are two Types of Domestic Assault and Battery Case

1. Is the victim on board; does the victim want to see you prosecuted.
2. The more common type is when the victim is not on board with the case.

How can you get a Domestic Assault and Battery Charge Dismissed When the Victim Does not Wish to see the Charges go Forward?

The New Bedford District Attorney will not dismiss a domestic assault and battery charge until the trial date; often this trial date will be for bench trial.

Your case will start with the Arraignment; after your arraignment, you will have a pretrial hearing, at the pretrial hearing, Attorney DelSignore would typically schedule the case for a bench trial to push the case toward a resolution.

If the victim is not on board with the case, often the case will get dismissed, but there are circumstances where the Commonwealth can still prosecute the case without the cooperation of the alleged victim. These circumstances include the following.

1. When there is a 911 call that the Court deems an excited utterance and when the Court rules that the Statement qualifies as nontestimonial, meaning you do not have a right to confront the victim in court. These statement that the court deems nontestimonial can come into evidence, meaning they would play the 911 call in court. Generally, 911 calls are extremely damaging evidence.
2. There is an independent witness who saw the domestic assault and battery or you admitted to the charge to the police officer.

What if the Victim Wish to Testify Against Me?

While not as common, in some cases the alleged victim may wish to testify in court. In this case, we will have to challenge the victim credibility and arrive at a theory as to why she or he is fabricating the charges. Often, allegations of domestic abuse can arise in the context of a divorce where one side is trying to get leverage in the divorce proceeding.

What if I am not a Citizen; will this Impact my Citizenship?

If you are not a United States citizen you should not admit to a domestic assault and battery charge, as it is considered an aggravated felony and would likely result in your deportation from the country.

If you are charged with a domestic assault and battery and the case will be heard in New Bedford District Court, call or text Attorney DelSignore at 781-686-5924.

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