A Framingham man faces Massachusetts domestic assault and battery charges. According to a report in the MetroWest Daily News, Adrian Pimentel got in an argument with his girlfriends where he is alleged to have shoved a bar of soap in her mouth, broke her cell phone and tore the spark plugs from her car so she could not leave. Given the allegations, this is an extremely serious case of domestic assault and battery that Framingham prosecutors are likely to take a very aggressive stance on.
Domestic assault and battery charges in Massachusetts involve two types of case; those where the alleged victim wishes to testify against the defendant and the more common situation when the victim no longer wishes to proceed with the prosecution.
The second type of case when the victim is not willing to testify can make for a complex defense based on the defendant's Sixth Amendment right of confrontation. I have discussed these defenses in prior posts.
As applied to the Framingham case, assuming the victim does not wish to testify, the issues as to whether the prosecution can proceed will depend on how quickly the police came to the scene and the location of the defendant at the time of the police arrival. It appears from the news report that the defendant was in the area when arrested.
As a Framingham domestic assault and battery lawyer, individuals charged with domestic assault should understand that these cases can involve complex defenses and merely because the victim no longer wishes to pursue the case, does not mean that the prosecution will end. To help you understand how these cases are prosecuted you can call 781-686-5924 or 508-455-4755.
Click here to download a free copy of "Understanding Massachusetts Drunk Driving Laws"
Click here to download a free copy of: Understanding a Massachusetts Domestic Assault and Battery Charge
