Legal Question in Criminal Law in Massachusetts

brothers-assault and battery

my brother-in-law and I had an argument. The cops were called. We live in the same house and I am being charged with assault and battery on him. He did not call the cops and neither did I. He and I both had red marks on our necks from my sister pushing us away from each other. The cops came and he told them it was all me. He thought I called them so he was mad. I am not ion the lease so they said they had to arrest me. Neither one of us was hurt or really touched and neither one of us want to press charges what can we do. The state is still trying me for this but nothing really happened and we both told the DA this. What can we do.


Asked on 10/12/03, 7:51 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: brothers-assault and battery

your explanation is usually of no interest to the police. Assault & battery involves any unconsented touch. This appears to have occurred. The major issues involve proof, and whether they can prove their case without your brother. Finally, there is an option for an accord & satisfaction.

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Answered on 10/12/03, 8:35 pm
J. Whitfield Larrabee J. Whitfield Larrabee

Re: brothers-assault and battery

If your brother-in-law refuses to testify against

you, there is a good chance the case will simply

result in a dismissal.

You may be able to have the case remanded for a

"clerk's hearing" where the case might be dismissed.

Your case could be effected by any incriminating

remarks the police attribute to you, any prior record you have, the court in which you are being

prosecuted, the Asssistant District Attorney handling the case, the judge and of course your

lawyer.

I recommend you hire a good attorney.

J. Whitfield Larrabee

617-566-3670

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Answered on 10/13/03, 10:37 pm


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