A domestic battery charge can have serious effects, but not every case involving a spouse, dating partner or family member becomes a felony. In Massachusetts, the charges can depend on the alleged conduct and the facts of the case.
Knowing what can raise a domestic violence case to the felony level can show why prosecutors may seek more serious charges in some cases.
When domestic battery can become a felony
Massachusetts does not have one general felony charge called “domestic battery.” Instead, prosecutors may use different criminal laws when the alleged victim is a family or household member.
Several factors can lead to felony-level charges, including:
- Serious bodily injury: Causing major physical harm can lead to more serious assault charges.
- Strangulation or suffocation: Allegations of choking someone or blocking their breathing can result in a felony charge under Massachusetts law.
- Use of a dangerous weapon: An alleged attack with a firearm, knife or other dangerous weapon can lead to felony charges.
- Violation of a protective order: Allegedly violating a 209A abuse prevention order can lead to more criminal penalties. The risks may increase when the alleged violation involves violence or threats.
- Knowledge of pregnancy: Harming someone while knowing or having reason to know that they are pregnant can raise the level of the offense.
The specific facts of the case matter. For example, an allegation that someone grabbed a partner during an argument is different from an allegation involving strangulation or a weapon.
Why the details of the incident matter
Prosecutors may look at medical records, photos, witness statements, police reports and other evidence. They may also look at the relationship between the people involved. This can help determine which domestic violence laws apply.
A felony conviction can cause problems even after the case ends. You may lose the right to own a firearm. You may also have trouble finding or keeping a job. A criminal record can also affect future opportunities.
Talking with a criminal defense attorney about the police report and other evidence can help point out problems in the prosecution’s case. It may also help identify possible defenses.
The stakes can rise quickly
A domestic battery allegation does not automatically mean a felony conviction. The alleged conduct, injuries, evidence and criminal history can all affect how prosecutors handle the case.
Knowing which facts can lead to felony charges may give you a clearer view of the risks involved. Early legal guidance can also matter when the charges may have serious effects on your future.