What Are The Potential Penalties Or Sentencing Guidelines For A Conviction Of A Domestic Violence Related Charge In Massachusetts?
Likely penalties will vary a lot depending on the specific offense and your criminal record. Assault and battery on a family or household member has a maximum sentence of 2 ½ years in the House of Correction. The guidelines for a place it in the “discretionary sentencing” range, meaning that a either time in the House of Correction or a suspended sentence and probation would generally be considered reasonable. For a first offense, the recommended sentence could be anywhere from 0 to 12 months in the HOC or up to 2 years of probation. But the recommended sentence gets progressively worse depending on your criminal record, up to a range of 6-24 months. Assault and battery with a dangerous weapon, commonly charged if any object is used, can range from a level 3 offense to level 6 depending on the severity of the injuries. For a level 6 offense the guidelines sentence ranges from 40-60 months prison time with no prior record, all the way up to 80-120 months for those with serious and lengthy records. In addition, any criminal conviction may affect your immigration situation, your ability to get a job of professional license, your security clearance, etc., for the rest of your life.
Is There Any Way To Have A Domestic Violence Related Conviction Removed From My Record In Massachusetts?
Probably not, but it depends on the specifics of your situation. Assault and battery on a household member is specifically exempted from the expungement statute, as are any crime involving a “dangerous weapon” (which can be anything as simple as a foot with a shoe on)any violation of a restraining order, and other situations that may come up in a domestic violence case. If you have a case pending, you need quality legal representation. Don’t count on being able to expunge a conviction later. If your primary goal is being able to get a good job in the future, and you can’t beat the case, accepting a continuance without a finding may help you out, since it will not show up in a standard employment search the way a conviction would. If you have a conviction that is causing you immigration problems, you may be able to vacate the conviction, but only if there was something legally wrong with it, not just because you’ve waited a long time and stayed out of trouble. Certain offenses related to domestic violence, such as making threats, may be eligible for expungement. And finally, if you are a victim of identity theft or court error or something similar and are not actually the person who got convicted, proving that would make you eligible for expungement even if the crime is not in the category normally eligible.
Penalties Under Domestic Violence Related Charges
Domestic violence related charges vary significantly. However, for an assault and battery charge against a family member, it is a misdemeanor with a maximum penalty of two and a half years in a house of corrections and/or a fine of up to $5,000. In Massachusetts, there is no state prison time for a misdemeanor offense. However, most misdemeanors have a maximum penalty of two and half years in a house of corrections.
For more information on Domestic Violence In Massachusetts, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (617) 718-5550 today.