Domestic Assault and Battery: Understanding Common Defenses – Ask a Lawyer Who Wins
Yesterday, on Thursday, 31 October 2024, DISMISSED: In Commonwealth of Massachusetts v. Defendant, Docket No. 2416 CR 0410, Charges of Assault with a Dangerous Weapon and Domestic Assault and Battery against my client were DISMISSED on the day of trial.*
Domestic Assault and Battery: Understanding Common Defenses
Domestic assault and battery is a serious crime that can have severe consequences for those accused. While it’s essential to acknowledge the gravity of these allegations, understanding common defenses can provide valuable insight into the legal process. This blog will explore typical defenses employed in domestic assault and battery cases.
1. Self-Defense
Individuals accused of domestic assault and battery may claim self-defense, arguing they acted to protect themselves from imminent harm.
2. False Accusations
Defendants may assert the allegations are false, possibly motivated by revenge, jealousy, or to gain leverage in family court proceedings.
3. Consent
In some cases, defendants argue the alleged victim consented to physical contact.
4. Accident or Misfortune
Defendants may claim the injury resulted from an accident or unforeseen circumstance.
5. Lack of Evidence
Defense attorneys may challenge prosecution evidence, arguing it’s insufficient or circumstantial.
6. Alternative Theories
Defendants may propose alternative explanations for injuries or events.
7. Alibi
Defendants may provide evidence they were elsewhere during the alleged incident.
Trial Dynamics
During trials, prosecutors must prove guilt beyond a reasonable doubt. Defendants’ credibility and consistency are crucial.
Consulting an Attorney
I have been defending those accused of Assault and Battery in Massachusetts for over Thirty (30) years. I have been named a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell, I have been named a “Top Tier Lawyer” by the American Trial Academy and I have won over Ninety Percent (90%) of my trials.*
This blog is not intended to be legal advice, if you have been charged with Assault and Battery or Domestic Assault and Battery (A&B, Domestic A&B, Domestic Violence) or any other crime in Massachusetts you should call an experienced and successful Defense lawyer immediately. Call Mike Now at: (508) 393-4162.
National Domestic Violence Hotline (1-800-799-7233)
National Coalition Against Domestic Violence (NCADV)
If you or someone you know is experiencing domestic violence, please reach out to these resources or local support services.
Remember, this information is for educational purposes. Consult a qualified attorney for specific guidance.