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- Crimes of Violence
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Domestic A&B
Cambridge Domestic Violence Lawyer
The lawyers of the Mahoney Criminal Defense Group are well-prepared to defend you or a loved one against allegation of domestic violence or assault and battery. Though we have represented hundreds of individuals accused of domestic A&B, we have never lost a domestic violence trial or pled a client guilty to a charge of domestic assault. In fact, in the vast majority of cases we have been able to persuade the Court to dismiss the charges. We have earned a reputation for getting results in the courts of Boston, Cambridge, Woburn, Dedham and beyond. Call us at 617-492-0055 or use our online contact form to arrange an interview with us.
A Nightmare for the Accused
To the man or woman charged with domestic assault and battery, an arrest may be their first brush with the law. And to this law abiding citizen, that the criminal justice system would be so process oriented, dehumanizing, and seemingly so indifferent to the actual facts, the couple’s otherwise solid relationship, or the individual’s reputation comes as an unwanted surprise. Though designed by the Founding Fathers to safeguard the rights of the accused, the Courts have devolved into a dispiriting machine that too often favors procedure over commonsense, at the expense of human dignity.
At one time, police officers responding to a domestic disturbance or altercation attempted to calm or, if need be, restrain the husband or wife. The "fight" did not necessarily end in an arrest, even if the wife accused the husband of assault and battery. Police departments entrusted the responding officers with the responsibility of assessing the situation and with exercising their judgment regarding the necessity of an arrest. Society recognized that, perhaps, for the good of the family a domestic incident could be managed short of an arrest. By allowing officers to exercise some discretion in dealing with family disputes, police departments provided an invaluable service to the community and to the family itself.
Unfortunately, today, the cop on the beat, with his years of experience and training, is no longer trusted to evaluate the seriousness of a domestic dispute. Judgment has been usurped by policy – policy created by those who, more than likely, have never walked the beat. These police officers, denuded of discretion and discouraged from developing their judgment, have now been reduced to programmed robots. The wise cop on the beat is now the regulation citing automaton.
Most Massachusetts police department guidelines actually require the officer to arrest the husband on nothing more than an unsupported allegation of assault and battery – even if the wife recants and pleads with the officers not to arrest him. The officers will make an arrest, even if the "assault and battery" amounts to no more than a push or a slap. To make a legally valid arrest, the police require no more than the accusation; they do not need any corroborating evidence, such as a bloody nose or even some bruising.
Such begins the couple's frustrating, if not frightening, and unwanted odyssey through the system. The “victim” cannot simply “drop” the charges. Most Assistant District Attorneys are unreceptive to a victim’s claim that the arrest was a misunderstanding. Many District Attorney’s Offices have strict policies in place that prevent the prosecutor from dismissing the case, even if the “victim” recants her accusations. Yet, under the right circumstances, an experienced criminal defense lawyer can successfully prevail upon the judge to dismiss the charges.
We Succeed at Defending Domestic Violence Cases
Attorney Kevin J. Mahoney has successfully defended hundreds of individuals accused of domestic assault & battery in the courts of Boston and eastern Massachusetts. He meets with his clients regularly, patiently explains the process, the strength and weaknesses of the prosecution’s case, and with the assistance of his clients, devises strategies to obtain the best possible outcome. In perhaps 90% of his cases, he is able to convince District Court judges to dismiss the charges. If the case cannot be resolved to the client’s satisfaction prior to trial, he is prepared to aggressively, but intelligently, represent his client at trial. In his recent best-selling book, Relentless Criminal Cross-Examination, Mahoney devotes an entire chapter to teaching criminal defense lawyers how to cross-examine alleged victims. He has never lost a domestic assault and battery trial.
Contact Us
We charge reasonable legal fees for our professional services. Call us at 617-492-0055 or using our online form to arrange a free in-office consultation.
Typical Results
Commonwealth vs. D.B., Somerville District Court
Assault & Battery – Dismissed
Defendant's wife reported instances of abuse to police. Attorney Mahoney persuaded District Attorney's Office to drop the charges at his first court appearance.
Commonwealth vs. G.H., Cambridge District Court
Assault & Battery – Dismissed
Resisting Arrest – Dismissed
Responding police officer allegedly observed client strike companion. Officer further claimed that client resisted arrest as he attempted to handcuff her. Attorney Mahoney persuaded District Attorney's Office to drop the charges at his first court appearance.
Commonwealth vs. C.H., Waltham District Court
Domestic A&B -- Dismissed
Following argument and physical altercation, wife called police. Wife informed responding police that husband had punched her repeatedly. Wife had slight injuries to face. Husband told police that he had pushed wife onto bed after she had attacked him. Husband also had slight injuries to face. Police determined that husband was aggressor and charged him with assault & battery. Attorney Mahoney persuaded Assistant District Attorney to drop the charges.
Commonwealth vs. T.W., Dedham District Court
Assault -- Not Guilty
Ex-wife claimed that after informing the Defendant that she would deny him scheduled visitation, he became enraged and swung at her, just missing her face. Later, he swung at her stomach. The prosecutor called four witnesses, including two neighbors and a police officer. The defense called but one witness. The jury deliberated 14 minutes.
Commonwealth vs. R.H., Dorchester District Court
Assault & Battery – Not Guilty
Assault & Battery w/ Dang. Weap. – Not Guilty
Driving to Endanger – Not Guilty
Police responded to a 911 call of a woman who had been beaten by man and thrown from a moving car. The woman was taken by ambulance to the hospital and diagnosed with multiple contusions. The Defendant was jury foreman on previous trial.
TOPRelentless
Criminal
Cross-Examination
“Aside from its excerpts of cross-examination, the book offers extremely valuable wisdom regarding overarching trial strategies (e.g., defense counsel demeanor; tone, tenor, and timing; why you should not call defense witnesses; etc.) The wisdom offered is alone extremely ..."
- Amazon.com Review
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