Legal Question in Criminal Law in Massachusetts

felony charges?

In 2000 my exhusband who was fighting for custody of 2 of 3 boys (while he owed $5000 in child support arrears), exaggerated circumstances in which i was breaking up a fight between the 10 and 12 year old boys. The 10 year old has 1 kidney and a heart defect and I was worried that the bigger 12 year old would seriously hurt him. I was pushed and punched.

My exhusband had filed over 12 FALSE charges against me with the court over a 6 month period. But this one stuck and he pushed it to the DA's office. The police depts did not arrest me. It was an assault charge. I did not want to put the kids through a trial so i took 1 year probation with a continuation on a not guilty plea. I paid a reduced fine. The judge said he ''knew about my exhusband'' and reduced it to only $50. I saw the probation officer 1 time and he told me it was ridiculous, to have a good year and that i didn't need to come back.

Will this felony charge still be on my record? I recently was disqualified from a federal job because i had been ''charged'' with a felony within the last 10 years. Is this correct? Is this considered a ''charge''? and would it show up on my record? It's such a shame and i'm very upset about losing the opportunity of having this job.


Asked on 4/30/07, 8:14 am

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

: felony charges?

YOu were pound foolish.

THis charge which appears to be a CWOF will be in your record until you die.

You should get a copy of your CORI and you will see how it appears.

If it was a CWOF, then the final notation should be a dismissal.

If you have any questions, contact me.

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Answered on 4/30/07, 6:03 pm
Dmitry Lev The Lev Law Firm

Re: felony charges?

An simple assault is not a felony in Massachusetts. Certain types of assault (upon elderly, child under 14, pregnant person, etc) could be a felony if so charged. After 10 years you may be able to seal your record if you did not have any other incidents in the interim. However you'd still have to answer "yes" to a question that asks if you've been arrested or, as in this case, charged.

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Answered on 5/16/07, 1:43 am


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