A police officer just handed you a court date, or a complaint arrived in the mail. Now you’re wondering whether you’ll be locked up, whether an assault and battery charge will follow you into your next job interview, and what you should be doing right now.
If you’ve been charged in Somerville, Massachusetts, the choices you make in the next few days carry real weight. This guide walks through what happens in court, what to avoid, and what to look for in an assault battery lawyer Somerville MA residents can count on. We represent people across Middlesex County, Greater Boston, and the neighborhoods around Somerville.
What Happens After an Assault and Battery Charge in Somerville, MA?
After an assault and battery charge, you’ll be arraigned in court, where the charge is read, a not-guilty plea is entered, and release conditions are set. Most cases from Somerville start in the local district court and then move through pretrial hearings toward a resolution or trial.
Simple assault and battery is a misdemeanor under M.G.L. c. 265, § 13A. It carries up to 2½ years in a house of correction and a fine of up to $1,000. The charge becomes more serious when a weapon is used, the injury is significant, or the alleged victim is a child, an elderly person, or a household member.
In the first 48 hours, do the following:
- Say little to the police. Be courteous, but don’t tell your side of the story without a lawyer.
- Stay away from the alleged victim. Even a text apologizing can be used against you.
- Write it all down. Capture names, times, places, and witnesses while memories are fresh.
- Preserve evidence. Keep messages, photos, and videos, and don’t delete anything.
- Obey every court condition. One missed date or violated bail term creates a new problem.
Many of these cases come with a protective order. If you were served with one and then reached out to the other person, even indirectly, you could face a second charge. A restraining order violation lawyer Dorchester MA residents turn to can handle the original allegation and the violation together, which matters because each case can affect the other.
How Does an Assault and Battery Case Work, and What Does It Cost?
A typical Massachusetts assault and battery case moves through five stages over a few weeks to many months, and the legal fee depends mostly on how much work the case needs. The usual path looks like this:
- Arraignment: The charge is read, a not-guilty plea is entered, and release terms are set.
- Discovery: Your lawyer requests police reports, witness statements, body-camera footage, and medical records.
- Pretrial conference: The prosecutor and defense compare evidence and discuss possible resolutions.
- Motions and hearings: Your lawyer can challenge the stop, the arrest, or how evidence was gathered.
- Resolution or trial: The case ends in a dismissal, a negotiated outcome, or a trial.
A common fear is that good representation is simply unaffordable. In practice, cost usually turns on these factors:
- Whether the charge is a misdemeanor or a felony-level offense
- How much investigation the case needs, such as video review, witnesses, or medical records
- Whether it resolves early or heads to trial
- Whether related charges, like a protective order violation, are attached
Fees vary widely, so ask any attorney for a written fee agreement before you sign. Many criminal defense lawyers offer payment plans, and an initial consultation should give you a realistic picture of the work ahead.
Cases involving a spouse, partner, or family member bring extra layers. A 209A defense lawyer Brighton MA clients rely on can contest the order, oppose an extension, and help protect your housing and parenting time while the criminal case is pending.
Benefits of Hiring an Assault Battery Lawyer Somerville MA Residents Trust
Getting a defense lawyer involved early can protect your record, your livelihood, and your freedom, and it often changes the direction of the case. Here is what that help can mean:
- Real defenses: Self-defense, defense of another, false accusation, mistaken identity, and lack of intent are all recognized defenses.
- Stronger negotiating position: Prosecutors tend to take a well-prepared defense seriously.
- Paths that avoid a conviction: Depending on the facts, a continuance without a finding (CWOF) or pretrial probation may keep a conviction off your record.
- Protection beyond the courtroom: Jobs, professional licenses, immigration status, and firearm rights can all be affected.
- Peace of mind: Your lawyer manages deadlines and hearings so you can keep living your life.
This matters most if you hold a professional license, have a prior record, are not a U.S. citizen, or were accused by a family member or partner.
Gun owners face a particular risk. A conviction, and sometimes even a pending charge, can threaten a license to carry. A firearms charges lawyer Back Bay MA owners consult can explain how an assault case interacts with licensing and what steps help protect your rights.
How a Defense Is Actually Built
A solid defense is built long before anyone steps into a courtroom. It begins with a quick, thorough investigation, and the work generally follows these steps.
First, we collect the police report, any 911 recordings, and available body-camera or surveillance footage. Video often tells a different story than the written report. Then we interview witnesses and, where it makes sense, send an investigator to document the scene before it changes.
Next, we look for legal weaknesses. Was there probable cause for the arrest? Were statements taken after proper warnings? Did officers follow required procedure? When the answers are no, evidence can sometimes be suppressed.
Finally, we assess the case candidly. In an assault and battery case, the prosecution must prove you intentionally touched someone without right or excuse, or caused harm. We weigh that burden against evidence of self-defense and any inconsistencies in testimony.
Throughout, we follow the Massachusetts Rules of Professional Conduct and local court procedures. We lay out your options and their risks, and we never promise a result, because no lawyer can ethically guarantee one.
Other Charges We Handle Alongside Assault Cases
Criminal charges often come in groups. Many people facing an assault allegation also deal with a related or unrelated charge, so here are other services we provide.
A drug arrest can happen during the same police encounter as an assault complaint. A drug charges lawyer Allston MA defendants consult will look closely at whether the search and seizure were lawful, often the deciding issue in these cases.
A repeat impaired-driving arrest brings tougher penalties and mandatory consequences. An OUI second offense lawyer Brighton MA drivers rely on can examine the traffic stop, the breath or field sobriety testing, and the prior conviction itself.
Driving with a suspended license can add penalties, especially after an OUI. A suspended license lawyer South Boston MA residents trust can work to resolve the underlying issue and limit the damage to your driving privileges.
A first-time impaired-driving charge still deserves a serious defense. An OUI DUI lawyer Watertown MA drivers turn to review the evidence and the defenses available, from the legality of the stop to the reliability of the testing.
Each courthouse has its own habits and personalities. An OUI DUI lawyer South Boston MA clients hire understands those local procedures and how they shape negotiations.
Why Choose The Law Office of Peter Cole in Somerville, MA?
The Law Office of Peter Cole is a criminal defense practice serving Somerville and nearby Middlesex and Suffolk County communities, including Brighton, Allston, Dorchester, Back Bay, South Boston, and Watertown. We appear regularly in local courts and understand how judges, clerks, and prosecutors tend to handle these cases.
Here is what clients can expect:
- Local courtroom experience: [Add years in practice and number of Massachusetts criminal cases handled]
- Licensed in Massachusetts: [Add bar admission year and any court admissions]
- Direct communication: You talk with your attorney, not only an intake team: [add typical response time]
- Candid assessments: We tell you where your case stands, weaknesses included.
- Verified reviews: [Add Google rating and review count only if accurate]
If you’ve searched for an assault battery lawyer near me and want someone familiar with Somerville courts, that local knowledge is what we offer.
Conclusion
The most useful thing you can do after an assault and battery charge is stop discussing it and get legal advice fast. What you say and do in the first days can help or hurt your defense. A skilled assault battery lawyer Somerville MA courts recognize can protect your record, your job, and your future.
Call The Law Office of Peter Cole at [ 617-935-7657 ] to schedule a free, confidential case review today, or message us through our website for a same-day response.
Frequently Asked Questions
1. What should I do right after being charged with assault and battery in Somerville, MA?
Stay calm, don’t discuss the case with police or the alleged victim, and write down your own account. Then speak with a defense attorney before your arraignment so your rights are protected from the start.
2. How much does an assault battery lawyer in Somerville, MA cost?
Fees depend on the charge, how much investigation is needed, and whether the case goes to trial. Simple misdemeanors usually cost less than felony-level or domestic cases, and most attorneys will quote a fee after reviewing the facts.
3. Is there an assault battery lawyer near me who handles Somerville cases?
Yes. Look for a Massachusetts criminal defense attorney who regularly appears in the courts that cover Somerville and Middlesex County. Familiarity with local judges and prosecutors can make a practical difference.
4. Can an assault and battery charge be dismissed in Massachusetts?
Yes, a dismissal is possible if the evidence is weak, was unlawfully obtained, or comes from an unreliable witness. Other outcomes, such as a CWOF, may also avoid a conviction depending on the facts and your history.
5. What are the penalties for assault and battery in Massachusetts?
Simple assault and battery can bring up to 2½ years in a house of correction and a fine of up to $1,000. Charges involving weapons, serious injury, or protected victims can carry much heavier penalties.