Have You Been Charged with an Assault & Battery?
If you or a loved one has been charged with Assault & Battery, you are likely feeling anxious about the potential consequences and unsure of what steps to take next.
For those unfamiliar with the judicial system, navigating the legal process can be overwhelming. Concerns about the possibility of jail time, job loss, and damage to your reputation are common and understandable.
Understanding Assault & Battery Charges
Assault & Battery, commonly known as Assault & Battery, is generally classified as a misdemeanor. This means that if convicted, you could face up to 2 ½ years in a county house of correction. However, if the charge involves Assault & Battery with a Dangerous Weapon—such as a knife, gun, or even everyday objects like a shoe or pencil—it is considered a felony. Felony charges carry the risk of a longer state prison sentence.
Possible Outcomes and Legal Options
Before you panic, it’s important to understand that if this is your first offense and there were no serious injuries, imprisonment is not a likely outcome. Even if you plead guilty, you may be eligible for a Continuation Without a Finding (CWOF). A CWOF is not a conviction and does not affect immigration status. In some cases, the court may dismiss your charges entirely, possibly in exchange for court costs, an Accord & Satisfaction (an agreement with the victim), or due to lack of prosecution.
Show Cause Hearings
As Assault & Battery is a misdemeanor, if you were not arrested, you are entitled to a Show Cause Hearing (also known as a Clerk’s Hearing). During this hearing, a Clerk or Assistant Clerk in the District Court will determine if there is probable cause to believe you committed a crime:
- If probable cause is not found, your case will be dismissed.
- If probable cause is found, a complaint may be issued, and a date will be set for your arraignment before a judge. However, the Clerk has the discretion to continue the case without issuing a complaint, which would prevent the charges from appearing on your record.
Take Action: Contact a Criminal Defense Lawyer
There are numerous options and potential defenses available. Rather than panicking over possible Assault & Battery charges, you should contact an experienced criminal defense lawyer at The Law Offices of Elliot Savitz & Scott Bradley.
Our team will:
- Quickly assess your situation.
- Explain your legal options.
- Help you develop a strategic defense plan.
With our expertise, you can feel confident knowing that we are dedicated to achieving the best possible outcome for your case. Don’t navigate this challenging time alone—reach out to us for support and peace of mind.
Call The Law Offices of Elliot Savitz & Scott Bradley today for a FREE CONFIDENTIAL LEGAL CONSULTATION at (781) 974-3429. Let us help you sleep better at night, knowing we are fighting relentlessly on your behalf.
