Legal Question in Family Law in Massachusetts

Assault and Battery False charge

Date of Incident: 2002

Charge: Assault and Battery 2098, 265:13A

Issue: During 2002 I had an argument with my girlfriend at her residence. I picked up the phone and called the police because I wanted to get out of her home safely and with no problem. I contacted the Police. The police showed up and talked to me for 1 minute and then they spoke to my girlfriend for 20 minutes. After they spoke to my girlfriend they escorted me out of the building into the police car. I had not idea what was going on. Then they took me and booked me. I never gave any statement. I want to get the charge removed because it was false. The statement that I later read by my girlfriend at the time stated the following: 1. I did not hit her. 2. She said her elbow was hurt when he grabbed me by the arm and we landed on the couch (this was a false statement). The police report stated that they saw no visual injury. They noted that her hair was out of place.

I would like to get these charges dismissed or reduced because they have a serious impact on me. Please advise as to what you may be able to do in this particular case. Thank you

Felisberto Fernandes


Asked on 1/08/09, 1:54 am

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

Re: Assault and Battery False charge

You need to get a criminal defense attorney like me. If this is a 2002 charge why is still alive and unresolved today?

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Answered on 1/19/09, 5:48 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Assault and Battery False charge

I presume that this case is long resolved, possibly by your admission to sufficient facts or after a trial. If it is not resolved, it is likely because you have not appeared in court and thus technically are a fugitive from justice.

If the case is resolved, there is nothing now to be done.

If the case is not resolved, and this is due to your failing to appear, you are going to have a tough time unless you go to trial. DAs and cops do not like to be nice to be those accused of domestic violence, and are even less sympathetic when there is a long-open warrant.

You should consult directly and privately with an attorney who practices criminal law.

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Answered on 1/08/09, 6:34 am
Joseph Murray Joseph M. Murray, Esq.

Re: Assault and Battery False charge

If this case has not been resolved since 2002, you should confide only in an attorney retained by you to resolve it as you are subject to arrest on a warrant if you have failed to appear since then. If it has been resolved you should consult with an attorney as to whether the disposition can be revised and revoked or whether your record can be sealed.

Good Luck!

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Answered on 1/09/09, 11:19 am


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