Legal Question in Criminal Law in Massachusetts

Abuse and Battery

Sir, If a person is charged with Assault and battery of wife.

Now the wife wants to help the husband to come out clear. What is the best process the wife should she do ?

Should she file a pettition to drop the charges with the court and take back her complaint.

Should she also file a pettition to the District Attorney to drop unconditionally all charges against the defendant.


Asked on 10/24/07, 10:51 am

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

: Abuse and Battery

Your suggestions to resolve this are mostly on the wrong track.

If you are being represented by an attorney, the attorney can walk you through the process.

If you do not have an attorney, get one.

If you need help, contact me.

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Answered on 10/24/07, 12:27 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Abuse and Battery

The complaint can't be withdrawn by your wife and the DA will *not* drop the charges, no matter what your wife wants. There is a way to avoid liability here, and probably get the case dropped and dismissed, but not until the day of trial. Its a pretty good bet the case can be dismissed then, but it needs to be handled correctly from the start and until that point. Feel free to contact me for a free consultation about this issue.

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Answered on 10/24/07, 2:55 pm
Daniel Maloney Law Offices of Daniel J. Maloney

Re: Abuse and Battery

If you are legally married, your wife cannot be forced to testify against you. If there are no other independent witnesses, then the Commonwealth will have no case and it will either be dismissed or not guilty. If you have any questions, please feel free to contact me.

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Answered on 10/24/07, 3:52 pm


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