COMMON DOMESTIC VIOLENCE RELATED STATUTES
Assault/Assault and Battery on a Family or Household Member c265 §13M(a):
MICHAEL G. BRADLEY
Experienced Former Massachusetts Prosecutor
Aggressive Criminal Defender in over 50 Courts
Former Director of Statewide Task Force
" Every case and every client is different... I evaluate how any course of action or outcome will affect you, your family and your life "
The Assault and Battery took place between:
a) Persons who are orwere married to one another;
b) Persons who have a child in common regardless of whether they have ever married or lived together; OR
c) Persons who are or have been in a substantive dating or engagement relationship.
Aggravated Assault and Battery c265 §13A(b):
Assault/Assault and Battery as defined by c265 s.13A, and One of the additional Aggravating Factors were present:
a) The defendant’s act caused serious bodily injury; OR
b) The defendant committed the act upon the complainant who was pregnant at the time of such assault, knowing or having reason to know she was pregnant,
c) The defendant committed the act upon the complainant who had an outstanding temporary or permanent restraining order at the time of the assault.
d) The defendant is 18 years of age or older, and committed assault and battery upon a child under the age of 14.
Assault and Battery by Means of a Dangerous Weapon c265 §15A(b):
Assault/Assault and Battery as defined by c265 s.13A, and
The touching was done with a dangerous weapon.
Aggravated Assault and Battery c265 §15A(c) a) Assault/Assault and Battery as defined by c265 s.13A, and b) The touching was done with a dangerous weapon.
Stalking c265 §43(a):
1) The defendant knowingly engaged in a pattern of conduct or series of acts directed at the complainant (at least 3);
The acts would cause a reasonable person to suffer substantial emotional distress;
The acts caused the complainant to become seriously alarmed or annoyed;
The defendant committed the acts willfully and maliciously; and
The defendant also made a threat with the intention of placing the complainant in imminent fear of death or bodily injury.
Intimidation of a Witness c268 §13B:
1) The defendant, directly or indirectly, willfully, did
a) Threaten, OR
b) Attempted to cause physical injury, emotional injury, economic injury, or property damage to; OR
c) Conveyed a gift, offer, or promise of anything of value to; OR
d) Mislead, intimidated, or harassed a person who was:
i. A witness or potential witness at any stage of a criminal investigation or other criminal proceeding; OR
ii. A person who was or is aware of information, records, documents, or objects that relate to a violation of a criminal statute, or a violation of conditions of probation or bail; OR
iii. A person who is furthering a civil or criminal proceeding, including criminal investigation, grand jury proceeding, trial, other criminal proceeding of any type, probate and family proceeding, juvenile proceeding, housing proceeding, land proceeding clerk’s hearing, court ordered mediation, or civil proceeding of any type; OR
iv. A person who is or was attending or had made known his intention to attend a civil or criminal proceeding, including criminal investigation, grand jury proceeding, trial, other criminal proceeding of any type, probate and family proceeding, juvenile proceeding, housing proceeding, land proceeding clerk’s hearing, court ordered mediation, or civil proceeding of any type
2) With the intent to impeded, obstruct, delay, harm, punish or otherwise interfere thereby, or did so with reckless disregard.
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