Criminal Law Questions? Ask a Criminal Lawyer.
In Massachusetts the punishment is as follows. These are the maximum punishment. For a first time offense he can possibly avoid jail time by doing probation. It would depend on what is bargained with the prosecutor.
TITLE I. CRIMES AND PUNISHMENTS
Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000.
1) The evidence of the assault and battery is clear by the pictures of the bruises. So I doubt he will not be found guilty of assault and battery upon your person.2) As to what punishment he will get...I have no way of telling because I am not the prosecutor or the criminal defense attorney to see what will be negotiated. All I can tell you is what is written in the law and the maximum of the punishment is 2 1/2 years and/or a fine up to $1,000.00 . Again I cannot predict what the prosecutor or his defense attorney will negotiate as a plea bargain.In Criminal cases the majority of these cases are plea bargained and the judge accepts what was negotiated. This is common practice.3) You do not need an attorney. What you need to do is contact the prosecutor who will be handling the case and let them know what you would like to happen. The prosecutor will take your information into consideration.4) In addition you now qualify for a restraining order and you can ask the prosecutor to assist with that.
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