Gregory Casale Attorney At Law
306 Main St.
Worcester, MA 01608
(508) 752-7500
Domestic Violence Charges in Massachusetts
Domestic Assault & Battery
The Massachusetts Legislature wants it to be known that Domestic Violence is taken very seriously in Massachusetts. In most Massachusetts courts, prosecutors will not dismiss Domestic Violence charges, regardless of the merits of the case and the facts.
Senate Bill 669/House Bill 1177 was sponsored by Senator Cynthia Creem and Representative Corey Atkins. In Summary, this legislation would prevent the use of Accord & Satisfaction to dismiss Assault & Battery charges in domestic violence cases in Massachusetts.
Accord & Satisfaction is a civil remedy that can be entered over the prosecution's objection and is intended to allow parties in minor physical altercations to reach satisfactory agreements outside of court. The Legislature feels that the power and control dynamics of Domestic Violence make victims uniquely susceptible to coercion by their abusers into waiving the rights to justice. Massachusetts will be the very last state in the Union to adopt this measure.
This position as well as the new bill was spurred by the brutal stabbing death in Waltham of Jennifer Martel, allegedly at the hands of Jared Remy, the son of popular Red Sox broadcaster Jerry Remy.
Jared Remy, who has pleaded not guilty, was arrested one day after his release from custody on charges of assaulting Martel, and the case prompted questions about whether Remy's violent history had been overlooked by the criminal justice system.
While the measure has not yet been signed into law, Massachusetts judges are already adhering to its intent. See today's case below as example.
Domestic Assault & Battery
Worcester District Court
April 10, 2014
Today's case, in the Worcester District Court, involved a young couple with a history of psychological problems and suicide attempts. The 18 year old gentleman was charged with Domestic Assault & Battery on his 18 year old wife. The couple agreed to and presented a motion for Accord & Satisfaction, which was promptly denied by the judge. In light of this outcome, the case went forward to trial. However, with no independent witness to the event, the prosecution had only the wife as a witness. The wife asserted her marital privilege, which prevents the Commonwealth from forcing one spouse to testify against another. Without her testimony there was no admissible evidence against the defendant husband and he was quickly found Not Guilty in a jury waived verdict.
