What is the likelihood of being found guilty for first offense assault & battery? My husband who has no criminal record at all (not even a speeding ticket) is having charges brought against him for assault & battery against a person over 60/disabled person. My father-in-law and mother were invited over for a cookout and both men had quite a few drinks. My father-in-law started teasing my young son (very mean and this was not the first time)and made him cry. My husband stood up and told him to leave our son alone and they grabbed onto eachother (don't know who was first) and got into a fight. My husband headbutted him when he wouldn't let go of his hands and my father in law kept taunting my husband calling my son horrible names. My father in law went to the police station with a cut on his head and then pressed charges against him. They found him with a minor injury. It looks like he won't drop the charges. His "disability" is related to Vietnam, anxiety, post traumatic stress, fibromyalgia etc. Pre-trial is set for 4 weeks, should we wait (a week or so) to find a lawyer to see if they drop the charges? What is the likelihood of my husband being found guilty or serve time? Any suggestions?
Submitted by parrotfish on Fri, 04/10/2009 - 10:13
Editor's Response
Hi Parrotfish. Sorry about your situation. Defense attorneys tell me that in cases like this, they always end up representing the winner of the fight. Unfortunately, unless you or your husband can convince the man to drop the charges, your husband needs to take them seriously. That means he should talk to an attorney. I'm sorry, but I cannot tell you how this will work out for your husband, and I know attorneys cost money, but this is a serious charge. For more information or to post a question, visit our MA Criminal Law Discussion Forum. Good luck.
Thank you for the prompt
Thank you for the prompt reply. I honestly think he might drop the charges but not until right before the court date (just to be difficult). If he does drop the charges, friends are telling me the DA can continue to press charges, is this correct?
Editor's Response
Yes. Our terminology is a bit loose. Technically it is the prosecutor who decides whether to move forward. The prosecutor can move forward without a complaining witness, but this usually happens in serious cases like domestic abuse or rape, where a woman refuses to testify for various reasons.