Hello, My girlfriend was recently arrested for fighting with her pregnant sister. The criminal charge is aggravated assault and battery on a pregnant woman. This is her first ever offense, the state is Massachusetts, and her sister is not pressing charges. She has been given a state appointed attorney. What is the most likely outcome of this case for her? Is it accurate to believe that she will not serve jail time? Thank you.
Criminal Defense Attorney
There are many possible outcomes in a criminal case; without knowing the details of the facts of the case and the availability of witnesses and physical evidence no lawyer can answer that question. Your girlfriend may be totally innocent or she may be very guilty or she may be somewhere in between. A public forum such as AVVO is NOT the place to discuss the facts of the case. Those should be discussed with her lawyer. If she is innocent then hopefully the DA will either dismiss the case or file a "nolle prosequi" (a termination of the case). If the case goes to trial then hopefullly she will be found not guilty. If she is found guilty or if she pleads guilty or "admits to facts sufficient to warrant a guilty finding" then the judge has an array of dispositions available from probation to jail. Again if the case gets to the punishment phase the particular sentence depends on your girlfrien'd prior record (if any) and the facts of the case. Without knowing these things no lawyer can give you an intelligent answer. Again this is not material that should be publicly discussed in a forum such as AVVO; this is material that should be discussed with the lawyer. Only a lawyer who knows the facts of the case and the background of your girlfriend (and her sister) can give you an intelligent answer to your questions - which, by the way, are good questions.
Robert D. Lewin, Attorney
LEWIN & LEWIN, CRIMINAL LAWYERS
Offices in Malden, MA and Andover, MA serving all of Eastern Massachusetts
Personal Injury Lawyer
More facts are needed to provide a more precise answer to this question. However, with no prior record along with the other party not pressing charges, it is more than likely that your girlfriend will serve no jail time. A good criminal defense attorney could probably have this sentence suspended. If not suspended, probably a monetary fine at the most.
Family Law Attorney
As my colleagues have advised, without more facts it's not possible to give you the specific answer you are looking for. Aggravated assault and battery charges are serious offenses and just because her sister is not pressing charges doesn't mean the DA's office can not proceed forward with the case if they have other evidence besides sister's testimony. I suggest you speak with your girlfriend's attorney for specific advice as she/he will be the most familiar with the case. And do not post any more specific facts about the incident as any info posted can potentially be used in court.
The answer to this question is for informational purposes only and is expressly not legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this without seeking advice from professional advisers
Criminal Defense Attorney
Her sister is not pressing charges because she CAN'T press charges. She's not the government. She might not be pursuing charges, but it's not her decision. If the government believes they can pursue a case against your girlfriend without the sister's testimony, I can tell you from experience, they will. The charge carries up to 5 years in jail. No lawyer on here can tell you the "likely outcome" because we don't have the benefit of all the discovery. This should be something to speak to your girlfriend's lawyer about. Every case is different. Depends on ALL of the facts, who the DA is handling the case, the judge, percipient witnesses, etc. etc.
Criminal Defense Attorney
There is no CLear answer
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