How do I push for prison time where there is a broken bone involved permanently moving my facial bone?

Asked over 2 years ago - Lexington, MA

Her lawyer wants to ask for a CWOF which is totally incomprehensible where she is totally guilty. Its definitely a charge of assault and battery. However, she only spent one night in jail for it so far since they didn't have any word of injuries at that time. How can I guarantee that judge wont buy her masquerade? What can I do to make a serious strong impact in regards to the seriousness of my injuries?

Attorney answers (6)

  1. Aaron H. Hutchins

    Contributor Level 10


    Lawyers agree

    Answered . Make sure you speak with the Assistant District Attorneyhandling the case and let them know your feelings. With such an outspoken victim, like yourself, it's highly unlikely she'll get a CWOF.

  2. Lauren Craig Redmond

    Contributor Level 16


    Lawyers agree


    Answered . As the victim of crime you have the right to make a victim impact statement to the judge before s/he decides the punishment. Also, you definitely should make your feelings known to the Assistant District Attorney assigned to your case. They usually take the victim's position quite seriously.

    Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any... more
  3. Michael Rodney St Louis Esq.

    Contributor Level 6


    Lawyers agree

    Answered . I"m sorry to inform you that the ADA really are motivated to make deals and move these cases off their desk. They are not likely to push for jail time, especially if she has no prior record. All you can do is give a victim impact statement to judge and hope for the best.

    Visit us at or call (781) 816-3950 for a free consultation. We handle Criminal... more
  4. Henry Lebensbaum

    Contributor Level 20


    Lawyer agrees

    Answered . Speak to the victim/witness person in the DA's office.

    henry lebensbaum, esq.

    300 Brickstone Square, Ste 201

    Andover, ma 01810

    (978) 749-3606

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    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  5. Terri D. Leary

    Contributor Level 16


    Lawyer agrees

    Answered . As the assistant district attorney assigned to tjecase will be pressired bu a defense attorney from the first hearing, the seriousness of the offense will be determined by the details on the police report. If you have seen the report and it does not adequately represent the severity of your injury, you
    Can provide the ADA with photos, X-ray and hospital report to show this was really bad. If there were witnesses, that will help as well. Every office of the district attorney has a staff
    Of victim/witness advocates whose responsibility is to serve as your liaison, keeping you informed about the case and telling the ADA where you stand. Contact that person, learn her/his contact information, and make your stance known. Ultimately, however, the judge can accept or reject a plea, even if the ADA agrees to the terms.

    Providing users with information is not intended to create an attorney/client relationship. However, if in... more
  6. Valerie J. Semensi

    Contributor Level 9


    Lawyer agrees

    Answered . Make sure you are present to address the court as the victim of a violent attack. Also, make sure to bring your medical bills, as a court will order restitution as long as the injuries are as a result of the attack.

    While a cwof appears to be getting off lightly, remember that she will have to admit to doing the attack and causing the injuries. The court will order restitution for the medical bills. Also remember, if she does not pay the restitution, she will be subject to a violation of probation; then the sentence could change to a guilty with more severe consequences.

    Best of luck!

    Valerie Semensi, Esq. @ 781.383.1940

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