What Will Happen at a Domestic Violence Trial
My question involves criminal law for the state of: Massachusetts
I'm going to try to keep short....
We live in philly, this happened on Nantucket mass.
What happened: anniversary trip 5 years with g/f. Went out had a few drinks, noticed flirtation with local. waited till we arrived at ferry to state my jealousy to her. She was pleading me to belive it wasn't what I thought and I pushed her away from me because I felt was too close. The push was not violent, a simple push that I admitted it to the court. But that push resulted in her loosing her balance and fall to the ground. She panics and stays on the grown crying. She swears she blacked out and doesnt remember anything... locals call the cops and arrest me on domestic assault &battery and claim that they have a witness stating I hit her in her face which is nowhere near what happened.....my court appointed lawyer isn't much help with next to no contact. I'm now going for trial because no agreement has been met. Any idea what will happen, she's been subpoenaed but don't think she can show being we both can't take off work to drive 9hr away. They have a witness but can't they check cameras and her medical report showing she didn't have injury... I don't have any record BTW. Any Info is greatly appreciate, kinda wanna know what I should do at trial and she worse that may happen I guess.......(sorry I tried to keep short)
Thank you
Re: Long Distance Problems (Domestic a and B)
The first thing you need to do is learn to keep your friggin' hands in their pockets where they belong and OFF other people.
Under MA law, the worst (from your perspective) that could happen, based on your description, is that you go to jail for two and a half years. Personally, I think that's the best possible outcome and it's the outcome I'll be rooting for.
Re: Long Distance Problems (Domestic a and B)
The law for assault and battery in Massachusetts: An assault generally constitutes a threat of violence, while battery refers to the unlawful physical contact of another person. No actual physical harm has to occur for an assault & battery charge to be filed. Throwing an object at someone or attempting to push someone, can be enough for an assault and battery charge. The demestic violance was added because of the relationship.
You pushed (even a simple push) her and she was in fear of violence, this is why the charge was brought.
She should show up to the court appearance, but she doesn't have to. If she doesn't, the State will pick up the charges and prosecute without her. That is because 99 times out of 100, the two involved in the DV incident get back together and wish not to press charges.
You can have your lawyer check cameras to prove your innocence, but I don't know of any place that holds video for 5 years. And even if this were the place, it would have shown that you're guilty. You stated that you pushed her, in MA, that's an assault.
Re: Long Distance Problems (Domestic a and B)
I read the account as this being a "five years of dating" anniversary, not something that happened five years ago.
Re: Long Distance Problems (Domestic a and B)
Quote:
Quoting
Mr. Knowitall
I read the account as this being a "five years of dating" anniversary, not something that happened five years ago.
Yup, just reread, thanks...