Legal Question in Criminal Law in Massachusetts

i was charged with assault and battery with a dealy weapon. no one was arrested that night. i was wondering if i would really get charged with this if it its only her word agganist mine? no one scene anything


Asked on 2/22/11, 6:37 am

3 Answers from Attorneys

Paul Lancia Attorney Paul Lancia

Police charged you based on her statements.

Call me to discuss.

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Answered on 2/22/11, 7:14 am

Many times, it's one person's word against another. Especially if a person has a bruise or a mark, the police will charge the other person w/ A and B. Based on what the other person said or looked like, the police many times believe that they have probable cause to arrest the other person (i.e. you). However, probable cause only gets you arrested. It's up to the Commonwealth to prove beyond a reasonable doubt that you committed the A and B w/ DW at trial. In the mean time, you and your attorney should turn some stones over, i.e the alleged victims probation record and other issues before the day of trial. You should seek the assistance of a criminal defense attorney.

If you are not able to retain a private attorney, based on your income and expenses the judge may appoint an attorney to you. Best wishes.

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Answered on 2/22/11, 9:43 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

If this ever goes to trial, it is an issue of credibility.

There are, however some ways in which you can resolve this.

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Answered on 2/22/11, 12:47 pm


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