QUESTION
Why AM I Getting Charge for Assault and Battery?
Asked on Nov 06th, 2013 on Domestic Violence - Massachusetts
More details to this question:
This Question is for a friend. She is in an interracial relationship and They were arguing and he pulled a paula dean by calling her the n word. the argument turned physical and the police were called. they both ended up at the station and made police reports and did not want to press charges.She ended up in a domestic violence shelter. She recently get a letter saying that she had to go to court and is being charged with assault and battery. We are wondering why this is happening if no one is pressing charges?
1 ANSWER
From the facts presented I suspect that the police filed charges against both parties. The parties do not control who is charged; the police do. The assistant district attorney will have difficulty proving the case if neither party testifies against the other. Both parties have a 5th amendment right to remain silent and not testify even if called as a witness. Unless there are independent witnesses I suspect the cases against both parties will be dismissed.
For further information about domestic violence offenses and assault and battery cases see my website and blog page at www.johnedevito.com
Answered on Nov 06th, 2013 at 3:59 PM