Massachusetts Criminal Defense Lawyer Blog

A 39-year-old Fall River man was sentenced to eight years in prison on Massachusetts domestic assault charges, despite the fact that his wife refused to testify against him, the Herald News reported.

Fall River domestic violence defense lawyers are often called to handle such allegations, which can arise for a variety of reasons. Unfortunately, today's zero-tolerance world means law enforcement will typically make an arrest based on a spouse's accusations. Prosecutors will prosecute, regardless of whether the alleged victim wishes to cooperate or press charges. In other cases, a spouse may make a false accusation or may exaggerate the extent of the argument or of her injuries. In still other cases, domestic assault charges can be filed in connection with an argument with another family member.

As this case illustrates, such charges can be very serious. Accusations can impact a child custody or divorce case and a conviction can have long-term consequences, including the inability to own firearms or to hold certain jobs, particularly in law enforcement and the military.

Domingos Almeida pleaded guilt last week to charges of armed assault with intent to murder and mayhem. He was sentenced to 6 to 8 years in prison on the assault charge, followed by five years of probation on the mayhem charge.

The Bristol County District Attorney's office contends Almeida's wife awoke one night in March 2009 to find him punching her repeatedly in the face. He then assaulted her with a pipe and began strangling her with it. She was able to escape to her parent's house nearby.

Once the case made it to the court system, the wife invoked her marital privilege and declined to testify against her husband. Instead, prosecutors used the wife's testimony from a previous dangerousness hearing, as well as the testimony of the nurse and emergency medical technician who treated her.

A spokesman for the D.A.'s office said "Domestic violence is a serious problem, and we will continue to do whatever it takes to prosecute these complex and, sometimes, difficult cases."

A Massachusetts domestic violence charge may be pursued, even against a couple's wishes, once it is initiated. An experienced defense lawyer should always be called at the earliest possible stage of such cases.