Hello. My brother and I got in a fight at a local bar with each other. I won and was arrested for assault and battery. There were no other charges and I went peacefully. Now my brother doesn't want to press charges but the case still hasn't been dropped. I've been having some trouble getting ahold of my public defender but last time we talked on the phone she said she thought an accord and satisfaction might make this thing go away. Can you tell me what she's talking about? Hopefully I'll talk to her soon but any information is appreciated. Thanks.
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Accord and satisfaction
LOL. That's good. The winner is usually arrested. To your question, accord and satisfaction is a tactic used by defense attorneys in certain misdemeanor assault and domestic dispute cases to resolve a case before trial. For the record, although the concept is similar, this is different than the accord and satisfaction most of us are familiar with, having to do with the resolution of a disputed debt.
Under Massachusetts General Laws Chapter 272, Section 55, a person who is in jail or or under indictment or complaint for assault and battery or "other misdemeanor" may enter a financial settlement with the victim. This settlement is based on the fact that, in assault cases, their is a potential civil claim that can be made by the victim of the crime. The criminal defendant, or his attorney, files the accord and satisfaction with the criminal court and asks the judge to dismiss the charges pursuant to Section 55, above. It is important to note that the judge is not required to dismiss the criminal charges, but in a case like yours (two brothers involved in a fight and the 'victim' does not wish to press charges), I will bet that the judge will. Good luck.