If you or a friend or a family member have been charged with an Assault & Battery, you are probably worried about the consequences and don’t know what to do.
Unless you have been in court before, you are do not understand the judicial process and have no idea where to start. You are afraid of going to jail, losing your job and ruining your reputation in the neighborhood.
To begin with, an Assault and Battery, also known as an Assault & Battery, is a misdemeanor.
That means you could potentially be sentenced to a county house of correction for no more than 2 ½ years. On the other hand, an Assault & Battery with a Dangerous Weapon, for example, a knife, a gun, a shoe or even a pencil, is a felony, which means you could be sentenced to state prison for an even longer period of time.
However, before you panic, if this is your first offense and there were no serious, the likelihood is that you are not going to prison. In fact, even if you plead out, there is a strong possibility that you will receive a Continuation Without a Finding, often referred to as a CWOF. A CWOF is not a conviction and will not affect an immigration status. There is even the possibility that your case will be dismissed for court costs, Accord & Satisfaction (agreement with the victim) or lack of prosecution.
Also, since an Assault & Battery is a misdemeanor, if you were not arrested, you are entitled to a Show Cause Hearing, sometimes referred to as a Clerk’s Hearing. The Hearing is held by a Clerk or Assistant Clerk in the District Court. The Clerk will determine if there is probable cause that you have committed a crime. If not, the case will be dismissed. If the Clerk finds probable cause, he/she can issue a complaint and a date will be scheduled for you to appear before a judge to be arraigned (charged) on the assault and battery. However, even if the Clerk finds probable cause, he/she does not have to issue a complaint. Instead, the Clerk can continue the case for a period of time, in which case it would not even appear on your record.
The long and short of all this is that there are many options.
Instead of panicking about possible Assault & Battery charges, you should pick up the phone and call an experienced criminal defense lawyer at The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof. We will quickly analyze your situation, explain the options and help you to develop a legal strategy to successfully resolve your case. Sure, you are worried now, but with our team on your side, you will sleep better at night, knowing that we will be fighting relentlessly to get you the best result possible.