Legal Question in Criminal Law in Massachusetts

Asault and battery

To make a long story short my boyfriend got beat up by his brother. He used a bottle and beat him in the head and chest. The end result was a huge gash and 6 stitches in his head and bruises on his ribs.. It was unprovoked. My boyfriend didn't hit him first or even hit him while his brother was beating him. The police were called that night and arrested the brother. But he was promply bailed out. For some weird reason the family is taking the brothers side and pretty much threatened to have no contact with my boyfriend if his brother goes to jail. So now he's thinking of dropping the charges. My question is,if the police were the ones who filed charges can my boyfriend still have them dropped?


Asked on 10/11/02, 10:09 pm

3 Answers from Attorneys
Craig Bartolomei Law Office of Craig R. Bartolomei

Re: Asault and battery

The decision is the District Attorney's Office. If they, DA's Office, think they have enough evidence to move forward without your boyfriend's testimony they may do that. It will depend on what type of statements were made and if they can get them introduced as evidence over hearsay objections.

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Answered on 10/12/02, 9:59 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Asault and battery

That was part of the answer.

In addition, the two can sign an accord and satisfaction, and attempt to present it to the judge. this would amount to a dismissal.

I have some opinions about a familly that defends an aggressor of an unjustified attack, with his family being in support of this misconduct, but I'll keep this for another day.

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Answered on 10/12/02, 10:41 am
J. Whitfield Larrabee J. Whitfield Larrabee

Re: Asault and battery

I would urge your boyfriend not to cave into

family pressure. It sounds like his brother

needs, at the least, court supervised probation,

if not a period of incarceration.

The DA's office could proceed with the charges

and subpoena your boyfriend to testify without

his cooperation. Your boyfriend could probably

avoid testifying by invoking his 5th Amendment

privilege against self incrimination, depending

on the circumstances.

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Answered on 10/12/02, 3:14 pm


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