Domestic Violence Prosecutions in this state are officially out of control
Does this sound familiar? “If the police get called then somebody has to get arrested.” Apparently long gone are the days when police officers separated people for the night, or helped to resolve disputes short of arrest. Nowadays it’s all handcuffs and charges. And it doesn’t get any better when you get to court. Every District Attorney’s office now has a special domestic violence unit. These units are staffed with prosecutors who will use every tool at their disposal to pursue convictions and harsh penalties. And unfortunately for defendants many of these special prosecutors are very good at their job.
Far too many “alleged victims” have caught on to the game. They know just what to say to gain an advantage in the household or in the divorce court or wherever they are looking to. But you can fight back.
In the hands of skilled lawyers, many of these cases can be worked out without anybody facing trial or going to jail. However, a growing number of these cases are being forced to trial because the penalties are too high to plea bargain. Scully & Lagos have successfully defended clients throughout the district courts of Massachusetts prevailing against domestic violence allegations of assault and battery, threats, and restraining order violations. Domestic violence is a hot button issue in this state so having a good legal team on your side will give you best chance of avoiding an unnecessary conviction.
Below is a survey of recent cases successfully defended by Scully & Lagos
A&B ON A FAMILY OR HOUSEHOLD MEMBER: DISMISSED
Commonwealth v. John Doe, 1409CR0869
Client’s neighbors called 911 after hearing a domestic argument between husband and wife taking place outside of Client’s Scituate home. When police arrived, they saw husband cut and bleeding under his eye. Client admitted to police that she had punched husband in the face. Husband’s injuries were photographed by police. Client was arrested and charged the next day in Hingham District Court with Assault and Battery on a Family Household Matter. These charges are prosecuted aggressively throughout the Commonwealth as a matter of public policy. However, Scully & Lagos were able to persuade prosecutors to dispose of the matter based on pretrial probation- a disposition which results in a complete dismissal of the charges with no admission of wrongdoing form the client.
ASSAULT ON FAMILY/HOUSEHOLD MEMEBER: DISMISSED
STRANGULATION OR SUFFOCATION: DISMISSED
INTIMINATING A WITNESS: DISMISSED
Commonwealth v. John Doe, 1659CR001067
Client was charged in Plymouth District Court with three counts of domestic violence: Assaulting a household member, strangulation, and intimidating a witness. As is often the case there was no evidence corroborating the alleged victim’s accusations: no witnesses, no physical evidence and no incrementing statements by the defendant. When the trial date came, rather than testify in a he said she said case, the alleged victim asserted her marital privilege and all of the charges were dismissed.
RAPE: NOT GUILTY
RAPE: NOT GUILTY
INDECENT ASSAULT AND BATTERY: NOT GUILTY
ASSAULT AND BATTERY: NOT GUILTY
ASSAULT AND BATTERY: NOT GUILTY
ASSAULT AND BATTERY: NOT GUILTY
Commonwealth v. Jane Doe, MICR2014-1280
In this case the defendant was falsely charged with engaging in a pattern of sexual and physical domestic abuse during the last year of his disintegrating marriage to the complaining witness. Scully & Lagos exposed through discovery a series of inconsistent statements made in text messages and in private conversations that destroyed the complaining witnesses credibility. The defendant did not need to testify. The jury acquitted him of all counts after just 2 hours of deliberations.
DOMESTIC ASSAULT AND BATTERY AND STRANGULATION: DISMISSED
Commonwealth v. John Doe, 1409CR0869
Wife accused husband of choking and hitting her in front of their child. When wife recanted, Commonwealth attempted to prosecute client with the wife’s frantic 911 call. Counsel argued a motion to keep the 911 call out of evidence and prevailed, causing the case to be dismissed.
DOMESTIC STABBING: DISMISSED
Commonwealth v. Jane Doe
Girlfriend accused of stabbing boyfriend’s hand, requiring several stitches. Counsel successfully argued for case to be dismissed based on boyfriend’s own misconduct toward girlfriend.
ASSAULT AND BATTERY ON A FAMILY MEMBER: DISMISSED
Commonwealth v. John Doe
Client was charged in Plymouth District Court with assaulting two family members, his sister and mother. According to police Client was drunk when an argument broke out causing him to smash a car window with his fist and swing a flag pole in a threatening manner at the alleged victims. Although mother and sister initially spoke with police they later claimed that the police report was seriously exaggerated and in some key respects inaccurate. Mother and sister both wrote out affidavits which were submitted to the District Attorney and the Court leading to a dismissal of the case.
KIDNAPPING: DISMISSED
Commonwealth v. John Doe
Client was charged with kidnapping, a serious felony. After lengthy negotiation and argument, client’s charged were reduced to a misdemeanor assault and counsel ultimately achieved dismissal of the assault charge as well.
ASSAULT AND BATTERY (DOMESTIC VIOLENCE): NOT GUILTY
Commonwealth v. John Doe, 2014-CR-4756
Client was charged in Quincy District Court, with domestic assault and battery. According to police Client punched his wife and pushed her to the ground causing a head injury. A neighbor called 911 and EMTs treated her at the scene for injuries. After several months of sticky negotiations the case was dismissed for lack of evidence after the defense excluded the 911 call and client’s wife asserted her privilege not to testify.
ASSAULT AND BATTERY (DOMESTIC VIOLENCE): NOT GUILTY
Commonwealth v. John Doe, 11-CR-2783
My client was charged in a domestic assault and battery by his live-in girlfriend. She showed bruises to the police and said that my client caused them. However, a thorough background investigation revealed numerous holes in her story, including the origin of those bruises, which were connected to a workplace injury, not caused by the defendant. The jury found the defendant not guilty after 10 minutes of deliberations.
ASSAULT AND BATTERY (DOMESTIC VIOLENCE): NOT GUILTY
Commonwealth v. John Doe, 10CR7857
My client was acquitted of allegations that he assaulted and battered his girlfriend, who made conflicting stories about how she sustained her injuries. Initially she blamed the defendant, however she changed her story before the case came to trial, absolving him of any wrongdoing.
Domestic violation charges occur when physical or emotional violence occurs between any of the following:
- Spouses
- Ex-spouses
- Boyfriend/girlfriend
- Domestic partners
- Ex-partners
- Couples with children
- Family members
Domestic violence charges can and will have an impact on your life, such as loosing the right to visitation with your children or being banned from the family home. This is why it is imperative that you hire a well-qualified, Boston, MA area domestic violence attorney as early as possible. Attorney Liam D. Scully is well versed in the defense of domestic violence charges and has both the experience and expertise to see your case to a successful conclusion.
In far to many domestic violence cases, things escalate out of proportion as emotions run high. Some of the issues that can arise out of a domestic violence situation are:
- Temporary restraining orders
- Restraining orders
- Harassment charges
- Assaults
- Battery
- Disorderly conduct
- Stalking
With restraining orders, usually the party who gets to the courts first gets to tell their side of things. You could suddenly find yourself having to find somewhere else to live. You will have only one chance to tell your side of the story to the judge. This is where your attorney comes in. He will represent you in court and should the judge uphold the restraining order, your attorney will make sure that you understand what you can and cannot do. The last thing that you need is to accidentally violate the restraining order and be charged with violating it.
In an effort to see your children or other family members, you could find yourself facing harassment charges. While not meaning to do so, a family member could feel intimidated by your actions and they could fear for their safety.
In far too many domestic violence cases, things turn violent. One person threatens another with violence (assault) or follows through on the threat (battery). Then that person finds himself or herself charged with assault or battery.
Kidnapping usually happens when a child under the age of 16 is taken from his or her home without the permission of the custodial parent. However, taking any one of any age against his or her will is also kidnapping. This is a very serious, felony charge.
As you can see, domestic violence charges are varied and complicated. Attorney Scully has successfully defended all manner of domestic violence cases.