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  • Armed Assault to Murder
  • Result: Dismissed
  • Breaking & Entering
  • Result: Not Guilty
  • Unarmed Robbery
  • Result: Dismissed
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  • Result: Not Guilty
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Home  >  Domestic Violence

Cape Cod Domestic Violence Defense Lawyer

If you have been charged with a domestic violence related offense, you should contact Attorney James Powderly immediately to discuss your case. A conviction for these type of offenses can result in a jail sentence, loss of employment, loss of custody of your children and loss of reputation. Attorney James Powderly has successfully defended hundreds of clients charged with domestic related offenses including crimes ranging from 209A restraining order violations to Assault to Murder, Kidnapping and Attempted Murder.

Cape Cod Domestic Violence Crimes

Cape Cod Domestic Violence Crimes

Misdemeanor crime punishable by:

  • up to 2.5 years House of Correction;
  • up to $5,000.00 fine;
  • $25 fee
  • Batterer’s Intervention Program
  • Restitution to victim for loss of earnings, cost of relocation and/or shelter, and other additional expenses.

Proof In Cape Cod 209A Violation Cases

The Commonwealth must prove four elements beyond a reasonable doubt:

  1. The court issued an order pursuant to MGL chapter 209A which ordered the defendant to either have no contact with the victim, vacate the house, refrain from abusing the victim or another similar order;
  2. The order was active when the alleged violation occurred;
  3. The defendant knew the terms of the order;
  4. The defendant violated the order.

Cape Cod Domestic Assault Penalties (Chapter 265 Section 13A)

Misdemeanor crime punishable by:

  • up to 2.5 years in the House of Correction; or
  • up to $1,000.00 fine.

Proof in Cape Cod Domestic Assault Cases

An assault may be committed by either:

  • An attempted battery; which is the unconsented to and/or harmful touching of someone. The Commonwealth is not required to prove the victim was put in fear or even knew of the attempted battery.
  • Imminent threat of a battery; which requires the Commonwealth to prove the defendant intended to put the victim in fear of an immediate threat of a battery and took some action the victim reasonably believed was an imminent threat of battery.

Cape Cod Domestic Assault With a Dangerous Weapon Penalties (Chapter 265 Section 15B(B))

This offense has the same elements of an assault with the additional element of the assault occurring by means of a dangerous weapon.

Felony crime punishable by:

  • up to 5 years state prison or 2.5 years House of Correction
  • up to $1,000.00 fine.

Cape Cod Domestic Assault With a Dangerous Weapon Penalties – Victim Over 60

The Commonwealth must prove beyond a reasonable doubt that the victim was 60 years of age or older at the time of the offense.

Felony crime punishable by:

  • up to 5 years state prison or 2.5 years House of Correction
  • up to $1,000.00 fine.

Cape Cod Domestic Assault And Battery Penalties (Chapter 265 Section 13A)

Misdemeanor crime punishable by:

  • up 2.5 years House of Correction
  • up to $1,000.00 fine.

Proof In Cape Cod Domestic Assault And Battery Cases

The Commonwealth must prove the following three elements beyond a reasonable doubt:

  1. The Defendant touched the victim without having any right or excuse;
  2. The Defendant intended the touching;
  3. The touching was either likely to cause bodily harm or was done without consent.

Cape Cod Domestic Assault and Battery By Means of a Dangerous Weapon

Felony crime punishable by:

  • up to 10 years state prison or up to 2.5 years House of Correction;
  • up to $5,000.00 fine;
  • or both.

Cape Cod Domestic Threat to Commit a Crime (Chapter 275 Section 4)

Misdemeanor crime punishable by:

  • up to 6 months House of Correction;
  • up to $100.00 fine.

Cape Cod Harrassing Or Obscene Phone Call Penalties (Chapter 269 Section 14A)

Misdemeanor crime punishable by:

  • up to 3 months;
  • up to $500 fine;
  • or both.

Proof In Cape Cod Harassing Or Obscene Phone Call Cases

In order to convict the defendant of this crime, the Commonwealth must prove two elements beyond a reasonable doubt:

  1. The defendant made phone calls (or caused them to be made) to the victim 2 or more times and;
  2. The defendant’s sole purpose in making the phone calls (or having them to be made) was either to harass, annoy or molest the victim.

Domestic Violence Case Victories

CHARGES:

  1. Home Invasion (reduced down to B&E Nighttime Felony)
  2. Assault & Battery Dangerous Weapon
  3. Possession Stun Gun

POLICE REPORT:

The police respond to a 911 call where the reporter states her ex boyfriend (defendant) just broke into her apartment and beat up her new boyfriend by punching him, kicking him and using a taser gun on him. The police observe burn marks on the victim and damage to this inside of the apartment.
COUNT (1): NOT GUILTY AFTER TRIAL
COUNT (2): NOT GUILTY AFTER TRIAL
COUNT (3): NOT GUILTY AFTER TRIAL

CHARGES:

  1. Assault & Battery
  2. Assault to Murder (reduced to A&b)
  3. Larceny of a Drug (reduced to Larceny under $250)
  4. Larceny under $250
  5. Assault and Battery

POLICE REPORT:

Police are dispatched to a residence for a domestic disturbance. Upon arrival, police speak with the victim who indicates her boyfriend (defendant) beat her and choked her. The defendant also stole her cell phone and her prescription medicine (clonazepam) and fled the area. The victim was treated and given the option to obtain a protection order.
COUNT (1): DISMISSED
COUNT (2): DISMISSED
COUNT (3): DISMISSED
COUNT (4): DISMISSED
COUNT (5): DISMISSED

CHARGES:

  1. Assault
  2. Assault with a Dangerous Weapon

POLICE REPORT:

The police respond to a call for an intoxicated make assaulting another male with a knife. The victim told police the defendant was staying at the house when they exchanged words and the defendant came towards him with a steak knife.
COUNT (1): DISMISSED
COUNT (2): DISMISSED

CHARGES:

  1. Assault & Battery
  2. Assault & Battery

POLICE REPORT:

The police respond to a domestic disturbance where the victim s indicated the defendant punched them in the face and body after an argument occurred. There were numerous witnesses to this incident and the officer observed a ripped shirt on the victim.
COUNT (1): DISMISSED
COUNT (2): DISMISSED

CHARGES:

  1. Assault & Battery Dangerous Weapon
  2. Assault & Battery

POLICE REPORT:

The police are dispatched to a domestic assault and battery in progress. The defendant’s mother told police the defendant attacked his father kicking and striking him.
COUNT (1): DISMISSED
COUNT (2): DISMISSED