Simple battery dating violence
In today’s post I will be addressing one of two new crimes created by the law: domestic assault/assault and battery, Mass. The law says that before any criminal defendant is released, discharged, or admitted to bail, the court must ask the Commonwealth whether domestic abuse is alleged to have occurred prior to or in conjunction with the crime charged.
A&B on a Family or Household Member Before delving into how this new crime of domestic assault/assault and battery is different, we must first examine the existing crimes of assault and assault and battery. Penalties One big difference in being charged with domestic assault/assault and battery (instead of simple assault or assault and battery), is the possible penalties involved. The penalty for conviction of this crime also includes a mandatory fee that will be deposited in the Domestic and Sexual Violence Prevention and Victim Assistance Fund and that will be controlled by the Department of Public Health to fund grants for domestic violence prevention programs. Moreover, if the Commonwealth chooses, it can make the accused wait a maximum of 3 hours after the complaint is signed before he/she is arraigned. In addition, as to the 6 hour waiting period for bail, if a person is still in custody by the time he/she is arraigned, his/her lawyer will not be able to argue to the judge when requesting bail that the fact that the client was released by a clerk on bail and showed up for arraignment is proof that the client will show up for trial.
The following factors help make the determination of whether you will be charged with Dating Violence rather than simple battery: 1.A conviction of a teen dating violence offense in California can have serious long-term consequences.San Diego criminal defense lawyer Vikas Bajaj says “teenagers are not immune from the lifelong consequences that can accompany a criminal record, especially for crimes of domestic violence or sexual abuse.Unfortunately, this has resulted in an unfortunate number of teens who experience teen dating violence in a romantic relationship.Each year, one in ten teenagers reports being the victim of teen dating violence.
In short, if you are accused of assault or assault and battery on a “family or household member” as defined above, then you can be charged with domestic assault or domestic assault and battery. Waiting Periods Persons charged with domestic assault/assault and battery, must now wait a period of 6 hours before a clerk or any other person authorized to take bail (other than a judge in open court) can admit him/her to bail. The mandatory waiting periods are significant, as defendants accused of this crime may now be waiting in jail longer than those accused of other crimes before they are released on bail.