Massachusetts Assault Charges Dismissed: Two More Wins for the Defense
When you’re facing assault charges in Massachusetts, the stakes couldn’t be higher. A conviction can mean jail time, a permanent criminal record, loss of employment, and lasting damage to your reputation and relationships. That’s why the outcome of your case often depends on one critical factor: the quality of your defense.
I’m pleased to announce two recent case dismissals that demonstrate what’s possible when an experienced criminal defense attorney fights aggressively on your behalf.
Assault with a Dangerous Weapon: Dismissed on the Day of Trial
In Commonwealth v. Defendant, Docket No. 2521 CR 1174, my client faced serious felony charges: Assault and Battery with a Dangerous Weapon and Assault with a Dangerous Weapon. These charges carry the potential for state prison time and a felony record that would follow my client for life.
On the day of trial, both charges were DISMISSED.*
This result didn’t happen by accident. It was the product of thorough investigation, careful preparation, and an unwavering commitment to holding the Commonwealth to its burden of proof. When prosecutors know that defense counsel is ready, willing, and able to try the case, it changes the calculus. Weaknesses in the Commonwealth’s case become harder to ignore. Witnesses who seemed solid on paper look less reliable under scrutiny. And sometimes, the right outcome is for the charges to go away entirely.
Domestic Assault Charges: Dismissed
In a separate matter, Commonwealth v. Defendant, Docket No. 2657 CR 0056, my client was charged with Assault and Battery on a Family or Household Member—commonly known as domestic assault and battery.
Domestic violence charges carry unique consequences beyond the criminal penalties. A conviction can affect custody arrangements, result in a restraining order, and trigger mandatory batterer’s intervention programs. For immigrants, a domestic violence conviction can have devastating immigration consequences, including deportation.
This case was also DISMISSED.*
What These Dismissals Mean
A dismissal is the best possible outcome in a criminal case. It means:
- No conviction on your record
- No jail or prison time
- No probation
- No court-ordered programs
- Eligibility to seal the record
For my clients, these dismissals mean they can move forward with their lives without the burden of a criminal conviction hanging over them.
Understanding Assault Charges in Massachusetts
Assault and Battery with a Dangerous Weapon (G.L. c. 265, § 15A) is a felony punishable by up to 10 years in state prison. The “dangerous weapon” doesn’t have to be a gun or knife—it can be any object used in a way that’s capable of causing serious injury.
Assault with a Dangerous Weapon (G.L. c. 265, § 15B) is also a felony, punishable by up to 5 years in state prison. This charge applies when someone attempts to commit a battery or puts another person in fear of imminent harm using a dangerous weapon.
Assault and Battery on a Family or Household Member (G.L. c. 265, § 13M) is a domestic violence offense that applies to assaults against spouses, former spouses, household members, or people in dating relationships. Even a first offense can result in up to 2.5 years in jail.
Why Experience Matters
Assault cases often come down to credibility—the alleged victim’s word against the defendant’s. But credibility isn’t just about who seems more believable. It’s about whether the Commonwealth can prove every element of the offense beyond a reasonable doubt.
An experienced criminal defense attorney knows how to:
- Identify inconsistencies in witness statements
- Challenge the sufficiency of the evidence
- Investigate alternative explanations
- File appropriate pretrial motions
- Negotiate from a position of strength
- Take the case to trial when necessary
The dismissals in these two cases reflect that approach. When prosecutors see that the defense is prepared to fight, they’re forced to take a hard look at whether their case can survive the crucible of trial.
Facing Assault Charges in Massachusetts?
If you or someone you love is facing assault charges—whether simple assault, assault with a dangerous weapon, or domestic violence—you need an attorney who will fight for you. Don’t assume the worst. Cases can be won. Charges can be dismissed.
Contact the Law Office of Michael Patrick Murray today at (508) 393-4162 for a consultation. I defend clients throughout Worcester County, Middlesex County, and across Massachusetts.
*Disclaimer: The outcome of any case depends on its unique facts and circumstances. Past results do not guarantee future outcomes. These case summaries are provided for informational purposes only and should not be construed as a prediction or guarantee of any particular result.