To be convicted of domestic violence in Massachusetts, the charges and penalties can either be extreme or moderate. This all depends on whether or not you have a criminal defense attorney representing you as soon as you are charged with the crime. This can either make or break the case against you for domestic violence. Additionally, with a good criminal defense attorney, sentencing can go smoothly or be harsh.
Consequences of Domestic Violence
Quite often, when it comes to sentencing for domestic crimes, judges and juries make their decisions based on the severity of the crime – or how serious the crime is fused with how badly hurt the victim is. This means:
- If you were to be convicted of a domestic violence crime, then you would more than likely be sentenced to jail time with a financial penalty.
- In extreme cases you could lose custody and/or visitation rights with your children. If you are an immigrant, and you are charged with domestic violence, then part of your sentencing will include a loss of immigration status.
- Furthermore you will lose the right to own a firearm.
- Sentencing may also immediately affect your ability to retain a normal job or career.
There is no telling what other facets of your life can be negatively affected by a domestic violence sentence.
Determining your Sentence
As with anything else, there are gray area within the system, whereby someone who is accused of domestic violence can get acquitted of the crime should there be a flaw in the investigation. This may seem favorable if you are trying to beat a domestic violence conviction.
Pre-sentencing usually involves a thorough investigation of the facts and a write-up of detailed reports surrounding the case. The investigation seeks to ascertain the truth behind the domestic violence allegation and how the truth has an impact (positive or negative) and possibly led up to the alleged crime.
Getting Help
Prior to sentencing, you are encouraged to retain a criminal defense lawyer who will assess every part of your domestic violence case. More often than not the attorney that you hire or who may be assigned to your case conducts a pre-sentencing investigation. It is this investigation that will better help establish all facets leading up to the alleged domestic violence within your case. Additionally, an attorney can assist with getting domestic charges reduced or dismissed altogether. Furthermore, an aggressive criminal defense attorney can provide you with the proper support and legal advice necessary from the preliminary investigatory phase to conviction and even post conviction during the appeals process.
