Domestic Assault Lawyer
If you are charged with domestic assault and battery it is important to know that it is the Commonwealth who is in charge of the case, not the alleged victim. This means that even though the alleged victim may wish to dismiss the charges, the Commonwealth is not obligated to do so if there is independent evidence to prosecute.
For example, if the alleged victim makes statements to the responding officers that are determined to be excited utterances, and not testimonial as that term is defined under Federal and Massachusetts law, the statements may come in to evidence, even though the witness retracts the statements.
Additionally, if there are independent witnesses to the alleged domestic assault, and if there are medical records, and observed injuries, the government may wish to proceed. There are many factors that go into the decision to continue a prosecution.
As a result, if you or someone you know is charged with domestic assault, contact a domestic assault lawyer who will fight for you. Don’t wait, make the call today.