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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 08-31-2006, 08:23 AM
DreUno DreUno is offline
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Default A&B charges in Massachusetts
Forgive me for writing too much.

I broke up with my ex girlfriend in March and we've remained friends...that is until recently. I got her a new phone and it was a third line under my contract for t-mobile. She was always acting funny around me and would in fact stalk me. I met another woman and we started dating. My ex went through my phone bill and found her number and started harassing her. 'Mind you, I'm from New Jersey and my ex is from MA. My current girlfriend has called the cops but they really didn't do anything because they didn't see this as a threat; being that she lives so far away. Now, my ex's parents are aware or the argument and they know and respect me so I was always invited to speak to them.

One day my ex told me that talking to her and her parents is exactly what I should do. And since they are away of the situation between my ex and my new girlfriend, I outta bring her as well. I didn't feel like driving all the way out there but I was forced to go there the following week to end this whole thing once and for all. My girlfriend kept on getting blocked calls even at 4 in the morning and I was still being harrassed.

Fast fowarding to the main event: My girl and I were set up! I got punched in the eye and my girl was getting beat up by my ex. This happend in front of a deli and was very embarassing. I stopped the fight and told them to get into the car because we were supposed to be at her house [being that her parents expected us to be there]. My ex jumped in the back seat and attacked my girl and my girl was kicking trying to defend herself. I stopped the car and broke the phone that I bought for my ex and threw it out of the window. She got out of the car and picked it up and started walking home. I saw that she was bleeding and I wanted to help. I told her to let me help her get home but she said no because my girl was in the car, which made sense.

So I went ahead and drove to her house and by the time she got there she told her parents that I HIT HER! Now the father came outside and started choking and slamming me on the ground and laid me on my stomach with my face pushed on the dirt. Meanwhile, both the mother and her daughter [my ex] were beating down my girlfriend. Eventually the cops came and I got arrested and my girl was sent to the hospital. I was charged with Assault and Battery with a weapon [she claimed that I kicked her], Assault and Battery with Domestic Violence, and Intimidation of a witness [she told them that I broke her cell phone...which was MINE]. These are all false. When I went to the arraingment to following day, I plead not guilty. They gave me a lawyer and guess who came to see me...it was the father. He told me he's done a little investigating on his own and found the phone records that my ex been using to stalk both me and my girlfriend. Now he is willing to make his daughter drop the charges. This man is known to be a liar. I don't trust him and my court date is next month. WHAT AM I GOING TO DO? This is my first time going to jail, court, all of that nonsense. I'm no criminal. I only have one semester until I graduate with a bachelors degree.
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Old 08-31-2006, 09:46 AM
Happy Trails Happy Trails is offline
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Default Re: A+B charges in MA
You have a lawyer so that is a good start.

Even if the father were to convince the daughter to drop the charges that doesn't mean the district attorney will.

You need to tell your attorney all the facts. It is unfortunate you followed your ex home, that was bad decision.

However, it is in the courts hands now, if you do not feel confident enough with your current attorney, then you should hire one.
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Old 08-31-2006, 11:43 AM
DreUno DreUno is offline
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Default Re: A+B charges in MA
I have all the facts and evidence that I didn't hit her. The mother even pointed out the foot marks on her daughter's upper chest near the collar bone. Including facts dealing with the harassment issue. Also, would her parents make a good witness based on the fact that she also lied to them about me and my girl driving out there to see her? I would like to press charges for the fact that she assaulted me [not to mention her father]. But I feel that getting this whole thing off my record is good enough. Like I said, I'm graduating this year from college. I can't let MA ruin my life....we looking at years in jail or prison [and messed up record].
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Old 08-31-2006, 12:16 PM
Happy Trails Happy Trails is offline
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Default Re: A+B charges in MA
Quoting DreUno
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I have all the facts and evidence that I didn't hit her. The mother even pointed out the foot marks on her daughter's upper chest near the collar bone. Including facts dealing with the harassment issue. Also, would her parents make a good witness based on the fact that she also lied to them about me and my girl driving out there to see her? I would like to press charges for the fact that she assaulted me [not to mention her father]. But I feel that getting this whole thing off my record is good enough. Like I said, I'm graduating this year from college. I can't let MA ruin my life....we looking at years in jail or prison [and messed up record].
I don't know if her parents will make good witnesses, your attorney will need to interview them and decide that.

These are serious charges and if convicted of them it will have a serious impact on you.

http://www.mass.gov/legis/laws/mgl/265-15a.htm

Also this site is very user friendly and I'm providing it for informational purposes only.

http://www.masscriminaldefense.com/domesticassault.htm

Look for the "Massachusetts Criminal Offense Information & Penalties" in the green column and you will find information about the offenses you are being charged with.
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Old 08-31-2006, 04:01 PM
DreUno DreUno is offline
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Default Re: A&B charges in Massachusetts
Now you see, MYSPACE is where all the drama began. If it wasn't for that site my ex wouldn't find out who I was dating. HOWEVER, if it wasn't for that site, I would not have a chance on this case at all. I just got a message both from my cousin and my girl that my ex continues to threatin my girl and harrass them. Now those messages have been fowarded to me and it clearly shows a mistake that she made. She didn't' realise that she just confessed in making false charges while threatening my girl. Now I made copies of these messages and if I still don't get out of this then I have no clue what's going on. What do you think? Will I have a chance?
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Old 08-31-2006, 04:08 PM
Happy Trails Happy Trails is offline
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Default Re: A&B charges in Massachusetts
Quoting DreUno
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Now you see, MYSPACE is where all the drama began. If it wasn't for that site my ex wouldn't find out who I was dating. HOWEVER, if it wasn't for that site, I would not have a chance on this case at all. I just got a message both from my cousin and my girl that my ex continues to threatin my girl and harrass them. Now those messages have been fowarded to me and it clearly shows a mistake that she made. She didn't' realise that she just confessed in making false charges while threatening my girl. Now I made copies of these messages and if I still don't get out of this then I have no clue what's going on. What do you think? Will I have a chance?
There's always a chance...

What I see that doesn't look good, is the fact that you followed her back to her home. You should have made a police report immediately, had you done that, it would probably be her looking at charges.

Keep getting your evidence and turn it all over to your attorney.
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Old 09-19-2006, 03:06 PM
DreUno DreUno is offline
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Default Re: A&B charges in Massachusetts
And 'mind you, the cops didn't even read my rights. There's more to the story because I was the one who was assaulted by both my ex and her step father. I sent evidence about my eye to my lawyer from my ex's assault on me. However, I don't have proof that her father assaulted me when he did! He called my family and apologized but the more I think about it, the more I get upset. Who should I sue, my ex or her stepfather? At this point, I don't really care because I lost alot of respect after this situation [and MUCH MORE!] so somebody owes me. I felt like they took something from me...and I want it back. I hope someone gives me good advice because if I don't get anything (or at least my respect) in return [the legal way] that will put everything back to normal, then theres going to be a re-match [take it to the streets]...
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