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Attorney Daniel Sandell is a Criminal Defense  Lawyer serving Amherst, Belchertown, Hadley, Northampton, Springfield, Greenfield, Holyoke, and the surrounding area in the Pioneer Valley of Western Massachusetts.

Criminal Defense: Assault & Battery, Assault with a Dangerous Weapon, and Domestic Violence Criminal Defense in Western Massachusetts

A blank form for a restraining order. Assault and battery charges from fights or domestic violence can be misdemeanors or felonies, depending on whether there was an injury, and a skilled defense attorney can help greatly.

Heated arguments that escalate even slightly can turn into threats, scuffles, fistfights, beatings and other violence that can result in assault and battery charges. If you are found guilty of assault and battery in Massachusetts, the penalties are up to 2½ years incarceration and a fine of up to $1,000. In addition, you would then have a criminal record, which often has a detrimental impact on your ability to land a job, rent an apartment, or qualify for a security clearance. Other possible consequences include supervised probation and mandated anger management programs. Considering these circumstances, if you have been arrested and charged with assault and battery, you need a skilled, experienced, criminal defense lawyer who is an expert in these matters – the sooner, the better. Any person who tries to contest charges like this without a good lawyer is taking a huge risk. As with any criminal legal situation, it is always wise to not make any statements to the police until you have spoken with your attorney.

Some of the most common places for fights that lead to assault charges are places where alcohol is served, such as bars, parking lots where tailgating takes place at public sporting events, college frat parties, and dance clubs. Assault & battery does not have to result in a person being hurt or injured physically, but rather it can merely be the threat or intent to hurt someone – by throwing a rock or bottle, pointing a gun or knife, or even just yelling at them. In many cases, the biggest determinant in who gets to file assault and battery charges is which party calls the police first. Unlike what popular opinion might suggest, it is not that common in such cases for the police to arrive at a scene where one party is standing and the other party has been knocked out cold. In fact, the person who calls the police – the “victim” – might have been the actual aggressor and the other party might have been acting in self-defense.

With assault and battery charges, there are numerous variables that determine how the legal system treats you and the penalty that will be imposed if you are found guilty. For example, some of the conditions that will induce harsher treatment by the District Attorney or Assistant District Attorney include: domestic violence assaults, assault with a dangerous weapon, assault of a public official or police officer, aggravated assaults, assault with intent to rob, maim or murder; or assault of a minor under 14. Another important factor is whether you have been charged with a misdemeanor or a felony. Assault with a deadly weapon – which can include a handgun or rifle, knife, brick, or many other objects – generally merits a felony charge.

Legal defenses against assault and battery charges are contingent on the exact facts of the case, but a skilled attorney can often find flaws with the prosecution’s case as well. Approaches can include filing motions to suppress evidence, assertions of self-defense, and plea bargaining to get the charges reduced to a misdemeanor or to receive probation and anger-management counseling rather than jail time.

If you have been charged with assault in Western Massachusetts (Hampshire, Hampden, Berkshire, and Franklin Counties) – or even if you think someone is considering filing charges against you – contact us for a free, no-obligation consultation and evaluation. We will look at the facts in your case and give you our honest assessment of probable outcomes. If we decide to move forward together, we will strive in every way to defend your rights – to get your charges reduced or the case dismissed.

At the Law Office of Daniel M. Sandell, we have handled assault and battery cases ranging from domestic disputes to aggravated assault and batteries where alleged victims were seriously injured. Our offices have successfully presented self defense theories to juries across Western Massachusetts and we will make sure that if your case does go to trial, you will have the opportunity to come in and be prepared to give your testimony during your trial as well as being prepared to be cross examined by assistant District Attorney. If you are held in a House of Correction awaiting trial, we will come to visit with you to discuss whether or not we are the right attorney's to represent you during this difficult time in your life.

Please feel free to call us at 413-549-3883 or email us at This email address is being protected from spambots. You need JavaScript enabled to view it. Want more information?

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Disclaimer

We hope you will find the information  on this site helpful. Please be aware that material on this website is provided for informational purposes only and may be considered advertising pursuant to the rules of the Massachusetts Supreme Judicial Court. The material contained on this website is not intended and should not be intended as legal advice for your individualized matter. This information does not constitute legal advice and does not create or imply an attorney-client relationship. Any readers of this information should not act or rely on any information provided herein without consulting legal counsel. It is cruicial to contact an attorney prior to making any important decisions regarding your legal rights.

Feel Free to contact Dan Sandell at 413-549-3883 to schedule a free consultation. The Law Offices of Daniel Sandell are located in downtown Amherst Massachusetts. We assist clients throughout Western Massachusetts who come to us with DWI/DUI/OUI and various criminal issues

 

 

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