Domestic Violence Attorney in Boston

Arrested for Domestic Violence? Get Former Prosecutors on Your Side

In the state of Massachusetts, domestic violence, also known as domestic abuse, typically does not escalate to a felony unless there are repeated occurrences, the use of a deadly weapon, or other aggravating circumstances. Additionally, violating a protective order is a criminal offense in Massachusetts.

Domestic violence laws cover every member of a household, including:

• Spouses
• Inhabitants of the household
• Any blood or marriage relations
• Children

Domestic violence/abuse is closely linked to assault & battery, which may enhance the penalties/charges associated with your particular situation.

Contact us for your free consultation at (617) 941-3666! Our Boston domestic violence lawyers are prepared to fight for your rights and future.

Understanding Domestic Violence Laws in Massachusetts

In Massachusetts, "domestic violence" is defined by statute (M.G.L. Chapter 209A, Section 1) in the context of Abuse Prevention Orders (restraining orders), and the criminal justice system applies this designation to various underlying crimes committed against a "family or household member." 

The classification as a domestic violence case significantly impacts the procedures and potential penalties. A domestic violence attorney in Boston will clarify how this designation applies to your specific charge.

Key Definitions:

• Abuse (M.G.L. c. 209A, § 1): For the purpose of protection orders, "abuse" means:
  • Attempting to cause or causing physical harm.
  • Placing another in fear of imminent serious physical harm.
  • Causing another to engage involuntarily in sexual relations by force, threat, or duress.
• Family or Household Member (M.G.L. c. 209A, § 1): This is a broad and crucial definition for the domestic violence designation.
• Underlying Crime: Domestic violence is not a standalone crime. It is an enhancement or an aggravating factor that is attached to another underlying criminal charge when committed against a family or household member. The penalties for the underlying crime are then often increased, and special conditions related to domestic violence apply.

Consequences of a Domestic Violence Conviction in Boston

Being charged with domestic violence in Massachusetts can have serious and long-lasting consequences. It is crucial to understand the potential outcomes and penalties associated with these charges. At DeGiacomo & Mikhlin, P.C., our experienced Boston domestic violence lawyers are here to guide you through the legal process and protect your rights.

Consequences of domestic violence charges may include:

• Permanent criminal record
• Restraining orders and no-contact orders
• Loss of child custody or visitation rights
• Damage to personal and professional reputation
• Difficulty finding employment or housing
• Loss of firearm rights
• Mandatory completion of anger management or counseling programs
• Possible jail time and fines

It is important to remember that every case is unique, and the consequences can vary depending on the specific circumstances. Our dedicated legal team will work tirelessly to build a strong defense strategy tailored to your case, aiming to minimize the potential consequences and protect your future.

Arrest Procedures for Domestic Violence in Boston

The arrest process in domestic violence cases in Boston follows a mandatory arrest policy. For example, if an incident is reported, possibly by a neighbor, the police are required to arrest one of the parties involved if there is probable cause. 

While this can help diffuse situations, it also increases the risk of errors, where the wrong individual might be arrested. In Massachusetts, the alleged victim cannot simply drop the charges; it becomes a state decision.

Understanding these procedures is crucial for anyone accused of domestic violence. Once an arrest is made, subsequent steps may include immediate protective orders. It is essential to comply with these orders and consult with a knowledgeable domestic violence attorney who can advocate for your rights throughout the legal proceedings.

What to Expect When Testifying in Domestic Violence Cases

In Massachusetts, testifying in domestic violence cases can be particularly stressful, especially if you're compelled to testify against someone you were close to, even if the situation has been misunderstood. In certain situations, divorce proceedings might involve filing false accusations to gain leverage in custody battles.

Witnesses must understand their rights and obligations, as they may vary. Legal actions, such as filing a motion to quash a subpoena or seeking legal counsel, can provide ways to address complexities in testifying. Understanding these dynamics and seeking appropriate support is vital, particularly when concerned about the emotional burden or fears of retaliation.

Strategies for Defending Domestic Violence Charges in Boston

Defending against domestic violence charges requires a comprehensive approach tailored to the specifics of the case. The attorneys at Degiacomo & Mikhlin, P.C. leverage their prosecutorial experience to develop robust defense strategies. They meticulously review evidence, such as witness statements and police reports, to identify inconsistencies or weaknesses in the prosecution's case. 

Additionally, they might explore defense options like:

• Self-Defense or Defense of Others: Argue that force was used because you reasonably believed it was immediately necessary to protect yourself or another from unlawful force, considering proportionality and the "duty to retreat" with "Castle Doctrine" exceptions.
• False Accusations / Fabricated Allegations: Investigate the accuser's credibility and motives, highlighting inconsistencies in their statements or behavior.
• Accident: Argue that any alleged injury or damage was purely accidental, lacking intentional or reckless conduct.
• Lack of Intent: For intentional crimes, contend that your actions lacked the required specific criminal intent.
• Insufficient Evidence: Argue the prosecution lacks sufficient, credible evidence to prove every element of the crime beyond a reasonable doubt.
• Constitutional Violations: File motions to suppress evidence obtained through unlawful searches/seizures, coerced confessions, or violations of your right to remain silent or right to counsel.
• Mistaken Identity/Alibi: Prove you were not the perpetrator or were in a different location at the time of the alleged crime.
• Mutual Combat / Mutual Affray: Argue that both parties willingly engaged in the physical altercation, potentially leading to reduced charges.

Engaging with skilled legal defense early in the process is crucial. From challenging the admissibility of specific pieces of evidence to negotiating plea bargains, each step is taken to fully protect the clients' rights. Boston's legal landscape demands knowledgeable navigation of local laws and an understanding of the court system, which the attorneys at Degiacomo & Mikhlin, P.C. are particularly equipped to provide.

Experienced Domestic Violence Defense Team in Boston

Allegations of domestic violence can be life-changing. Whether you had a fight with your significant other or you are being blamed for something that you did not do, addressing your charges immediately is your best chance of getting off. Boston domestic violence lawyers James G. DeGiacomo and Sergey Mikhlin spent a portion of their careers working as prosecutors and were witness to hundreds of domestic violence cases. 

By seeing domestic violence cases from the other side of the courtroom, James G. DeGiacomo and Sergey Mikhlin have used their unique experiences to develop effective strategies for all types of cases. Our firm will work diligently to make sure that your case is handled quickly, professionally, and with discretion.

When you choose our firm, you can expect:

• Strategic defense strategies tailored to your unique case
• Thorough investigation and analysis of the evidence against you
• Effective representation in court and during negotiations
• Compassionate support and understanding throughout the legal process

Ready to Defend Your Future? Contact Our Boston Domestic Violence Attorneys

Contact our Boston domestic violence lawyers today for a free initial consultation. We also serve Brockton. We are here to provide you with the guidance and support you need during this challenging time.

Immediate legal support is critical in shaping the course of your defense. Our team is adept at swiftly assessing new cases, ensuring no detail is overlooked in the formation of a defense strategy. Prompt consultation can make the difference in preserving your rights and ensuring a fair legal process.

Schedule your free consultation at (617) 941-3666! Our Boston domestic violence lawyers are prepared to fight for your rights and future. We also serve in Brockton.