1. Misconception: Assault and Battery Are the Same Thing
Explanation: While often used together, assault and battery are distinct crimes. Assault refers to the threat or attempt to physically harm someone, even if no contact occurs. Battery involves actual physical contact or harm. A person can be charged with assault without touching the victim if the threat is perceived as real.

2. Misconception: Only Physical Injuries Count as Domestic Assault and Battery
Explanation: Many people assume that only visible physical injuries matter in these cases. However, threats, attempts of violence, and emotional trauma can also lead to charges. For example, if one person in a domestic relationship threatens to harm another, this can be considered assault even without physical contact.

3. Misconception: Domestic Assault and Battery Charges Can Be Dropped by the Victim
Explanation: A common belief is that if the alleged victim wants to drop the charges, the case will be dismissed. However, domestic violence cases are prosecuted by the state, not the individual victim. Once the police and prosecutors are involved, they can pursue the case even if the victim changes their mind or refuses to testify. Battery is a touching done without permission even without harm. However, in many circumstances the alleged victim may have a privileged not to testify – Marital or Fifth Amendment. Often without the alleged victims testimony the prosecution cannot proceed, and the case will be subject to a motion to dismiss for lack of prosecution. It is always helpful if the victim would like to see the charges dismissed, but it is not dispositive.

4. Misconception: Mutual Fighting Leads to Equal Charges
Explanation: In many domestic violence cases, both parties may claim to have been defending themselves. While mutual fighting is possible, the court looks into the circumstances and intentions of each party. Self-defense claims need to be substantiated with evidence that one person was defending themselves against an aggressor.

5. Misconception: False Accusations Are Rare
Explanation: While domestic violence is a serious issue, false accusations can and do happen. In contentious situations like divorce or custody battles, one party may fabricate claims of assault and battery to gain an advantage. An experienced attorney knows how to investigate and challenge false allegations with evidence, witness testimony, and inconsistencies in the accuser’s story.

6. Misconception: A First Offense Won’t Result in Serious Consequences
Explanation: Even for a first-time offense, domestic assault and battery can result in serious penalties such as jail time, probation, restraining orders, fines, and mandatory counseling. A conviction may also have lasting impacts on employment, child custody, and gun rights.

7. Misconception: Apologies or Reconciliation Can Resolve the Charges
Explanation: Even if the parties reconcile after the incident, this does not typically affect the charges. The legal process moves forward regardless of whether the parties apologize or continue their relationship.

8. Misconception: Alcohol or Drug Use Excuses the Behavior
Explanation: While substance abuse may contribute to violent behavior, it is not a valid legal defense. Courts may order treatment for substance abuse, but it does not absolve the individual from responsibility for assault or battery.

9. Misconception: You Have to Be Married to Be Charged with Domestic Assault
Explanation: Domestic assault and battery charges can arise from conflicts between any individuals in a domestic relationship, including cohabitants, intimate partners, or even family members. Marriage is not a requirement.

10. Misconception: You Can’t Be Charged if It Happened in Your Home
Explanation: Domestic violence laws apply equally, whether an incident occurs in public or in a private home. The idea that being in the privacy of one’s own residence makes someone immune to legal consequences is incorrect.

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.

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.*