Legal Question in Criminal Law in Massachusetts
assault & battery
my boyfriend was charged with assault and battery against me for pushing me. i don't want to file charges but the commonwealth did. How do i go about dismissing the charges against him?
2 Answers from Attorneys
Re: assault & battery
I do several of these cases a month, and I can tell you it usually is not the simple. The Commonwealth will probably push the case even without your consent, at least to a certain point. Tell the DA or victim advocate your position and see what they say.
If that does not work, get him a good lawyer.
Re: assault & battery
It is not up to you. The Commonwealth can pursue such charges as it wants. I would suggest filing an accord & satisfaction, which should usually work. Being married gives you a spousal privilege. They can go without your help, if they have bona fide "excited utterances." I do not believe that unregulated conversations w/DAs or with their victim-witness people helps you. Before you speak to these folks, speak to your boyfriend;s lawyer.
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