Boston Criminal Defense Lawyer Blog

Fifty-two year old Mariano Liriano of Lawrence Massachusetts was arrested and charged with indecent assault and battery on a person over fourteen years old. The Lawrence Eagle Tribune reported that a seventeen year old girl accused Liriano of putting his hand on her leg and moving it up. According to the Tribune, the pair knew one another. The woman told Liriano to stop and he gave her a ride home. When she returned home she called the police. Liriaano was arrested at his home and charged with indecent assault and battery on a person over fourteen.

In Massachusetts, the crime of indecent assault and battery is a felony. A conviction for this offense carries a sentence of up to two years in jail or five years in state prison. See, M.G.L.A. 265 § 13H.
In Massachusetts, there are two theories under which the government can prosecute a person for assault and battery. The most common one is the intentional touching of another person without consent. A second way in which a person may be found guilty of assault and battery us when, instead of engaging in intentional conduct, an individual engages in reckless conduct that results in physical injury.When the police respond to a call for a "domestic violence" the police generally place someone under arrest. If you find yourself in this situation you must contact an experienced domestic violence attorney to protect your rights and ensure that a civil restraining order does not issue requiring you stay away from your home, your children or your spouse. Although a restraining order is considered a civil order if you are charged with violating that order it is criminal offense.

To be considered an "indecent" assault and battery the touching must be fundamentally offensive to contemporary moral values. There is no particular definition relative to the what conduct specifically constitutes that crime.

A conviction for indecent assault and battery also has collateral consequences of having to register as a sex offender with the sex offender registry board. This requirement can be onerous and interfere with employment and volunteering opportunities.

If you are charged with the crime of indecent assault and battery or assault in battery in the Boston Massachusetts area you must have an experienced defense attorney on your side to ensure that your rights are protected. Pre-trial investigation and interviews are important so that a viable defense can be mounted from the outset. In these types of cases where the parties know one another a thorough investigation of the complaining witness is essential so that all bias and motives can be exposed.

Continue reading " Indecent Assault And Battery Charges Lodged Against A Lawrence Massachusetts Man " »

The Lawrence Eagle Tribune reports that Hansel Deleon Zapata from Lawrence was assaulted by two men brandishing guns who stole $200.00 and his car. Zapata reported that his surprise quickly changed to fear when he saw the guns. Zapata suffered injuries including lacerations on his head. This has not been the first time that Zapata has been the victim of a crime in his five months stint in Lawrence. The Tribune reports that approximately one week ago culprits stole the air bag from his car which was parked in the rear parking lot on the street where he lives.

If the crime is solved and the perpetrators are apprehended they could be charged with a number of crimes in Massachusetts including armed robbery, larceny from the person, carjacking and/or larceny of a motor vehicle. The most serious charge would be armed robbery and if convicted the defendant could face up to life in prison. Although unlikely based on these facts, if the Commonwealth determined that the defendant should be charged with larceny of a motor vehicle or larceny from the person the potential sentences would be significantly reduced. For example, M.G.L.A. 266 § 27A provides that the maximum sentence for larceny of a motor vehicle is five years in state prison. M.G.L.A. 266 § 25 similarly provides that the maximum sentence for larceny from the person is also five years.

Based on the available facts in the event that an individual is charged with a crime as a result of this incident a reasonable defense would be misidentification. The fact that no one was identified at the time of the incident and it does not appear that the victim gave a description are factors that may work to the benefit of someone who may be charged with any crime stemming from the assault on Zapata. If you are charged or believe that you will be charged with a crime in Massachusetts you must have en experienced Boston criminal defense attorney on your side.

Continue reading " Lawrence Massachusetts Man Assaulted And Robbed By Gun Toting Suspect " »

A crime reporter for the Boston Herald found himself on the other end of a story when he was arrested and charged with assault and battery on a person over sixty-five. According to the Lawrence Eagle Tribune, O'Ryan Johnson, 33 years old from South Boston, is accused of kicking seventy-four year old Kent White in the chest after he asked for assistance in a laundromat. Johnson faces up to ten years in prison if he is convicted to this felony.

In Massachusetts, a conviction for simple assault and battery is punishable by up to two and one half years in the house of correction. In order to prove this crime, the government must establish that that the defendant committed the intentional and unjustified use of force upon the person of another, however slight, or establish the intentional doing of a wanton or grossly negligent act causing personal injury to another, In this case, because it is alleged that the victim is over sixty-five years old, the charge is a felony instead of a misdemeanor. The difference between a felony and a misdemeanor is based on the potential sentence that a defendant faces upon conviction. In view of the the fact that a conviction for assault and battery can only result in a sentence to the house of correction, it is considered a misdemeanor. Conviction for assault and battery on a person over 65 carries the potential of a state prison sentence and is therefore a felony.

If you have been charged with any crime of violence in Massachusetts it is important that you have an experienced Boston defense attorney on your side from the beginning. Based on the facts of the case, it may be appropriate to conduct pre-trial investigation and file discovery motions to mount a successful defense. Depending on the circumstances, it may be appropriate to build a defense based on self-defense or defense of another. Recently, Attorney McCarthy secured a not guilty verdict in a domestic assault and battery case by successfully presenting a claim of self defense and defense of another, the defendant's minor child.

Continue reading " South Boston Man Faces Criminal Charges In Haverhill District Court Stemming From A Dispute In A Laundromat " »

The Lawrence Eagle Tribune reports that two Haverhill Massachusetts men face criminal charges following a high-speed car chase in Route I-495. The car, estimated to have been traveling over 100 miles per hour, caught the attention of a State Police Officer who was patrolling the highway. The authorities tracked the car which traveled from Amesbury Massachusetts to Haverhill Massachusetts during a chase which ranged with speeds from 55 to 85 miles per hour.

Haverhill police ultimately spotted the car in Haverhill and observed Aldis Suero and Aneudis Mendez both 23, walking nearby. Suero faces the criminal charge of receiving stolen property. According to reports, because Suero was out on bail on another matter the judge revoked his bail ordering that he be held without the possibility of posting bail. Apparently, Suero is also facing criminal charges stemming from and incident of alleged domestic violence. The specific charges are believed to be assault and battery and intimidation of a witness stemming from an incident with his girlfriend. Mendez was also arrested but is expected to be summonsed to Haverhill District Court to answer to a criminal charge of disorderly person. According to the Tribune, Suero's lawyer maintained that Suero denied that he had "no knowledge" of the car's ownership and he only knew the driver by the name of "D."

In Massachusetts, M.G.L.A. 266 § 60 is the statute that relates to the charge an punishment for receiving stolen property. The Commonwealth must prove the following beyond a reasonable doubt on order for a defendant to be convicted of receiving stolen property: (1) That the property in question was stolen, (2) That the defendant knew that the property had been stolen, and (3) That defendant knowingly had the stolen property in his possession. All three of these elements must be proved in order for a defendant to be convicted. If the amount of property "received" is valued at less than $250.00 then the charge is a misdemeanor. However, if the value of the property is over $250.00 then a defendant faces the possibility of receiving a sentence to state prison and the crime is considered a felony.

Continue reading " Haverhill Massachusetts Men Face Criminal Charges Stemming From A High-Speed Car Chase On Interstate 495 " »

A little after midnight on June 15, 2009, the North Andover Police Station received a flurry of 911 calls reporting that two men were discharging rifles from a car on Waverly Road. According to The Lawrence Eagle Tribune Ahamad Hamdi, 18, and Kenny Ferreras, 17, were arrested after the police pulled over the car that they were driving in and charged the pair with possession of a dangerous weapon, disorderly conduct and disturbing the peace.

The Tribune reports that the shooting incident was the result of fall out from a disturbance at a N.H. club. The two teens were reportedly shooting from a paintball gun at the home of the third teen involved in the dispute. The pair will be arraigned tomorrow in the Lawrence District Court.

An experienced criminal defense attorney will be necessary to successfully defend against these types of crimes. Although all of the facts are not available at this time, it appears that examining the justification for the stop of the car is appropriate. Depending on the facts, the filing of a motion to suppress the motor vehicle stop and a motion to suppress any evidence confiscated as a result of the stop, search and seizure may be necessary.

In Massachusetts, in order for the prosecutor to prove possession he or she has to prove that the defendant had the knowledge of the item and had the ability to exercise dominion or control over the object. In situations, such as this one, where more than one person is charged with possession the Commonwealth often proceeds under a theory of constructive or joint possession. Having an experienced Massachusetts lawyer on your side is critical to a favorable disposition.

Continue reading " Teenagers Face Criminal Charges In Lawrence Massachusetts District Court Stemming From The Firing Of Paintballs And Pellets " »

Kuokwing Wu, 59 years old from Brooklyn New York appeared in Peabody District Court and plead not guilty to charges of indecent assault and battery on a child under 14. According to The Salem News, the 10 year old boy and his 13 year old brother were in a restroom in the mall near the food court when Wu reached over and pulled out the waistband on the 10 years old pants.

The boys promptly reported the incident to their mother who reported it to mall security. According to reports, the description given by the boys matched Wu who worked at one of the establishments in the food court. Wu was questioned by the police and a friend of his interpreted. According to the Salem News Wu maintained that he pulled at the boys shirt to show him that it was wet. The boys claimed that the shirt was dry. The defendant was held on $10,000.00 cash bail following a bail hearing in the Peabody District Court. Wu will return to Peabody to answer to the criminal charges next month.

A defendant charged with this type of offences, or any type of crimnal charge including assault and battery, must have an experienced criminal lawyer on his or her side to ensure a favorable outcome. In Massachusetts, a conviction for indecent assault and battery can result in incarceration and have collateral consequences of having to register as a sex offender. Depending on the facts of the case, the strategy developed early on by a Massachusetts criminal defense attorney can have an impact on the case. For example, in a case where the defendant gave a statement to the police a motion to suppress the statements is often a viable option. Before the police question a defendant who is in "custody" they must inform him or her of the "Miranda Rights." In short, the police must inform the defendant that he or she has a right not to speak with the police, has a right to have an attorney present for questioning, that if he or she cannot afford an attorney one can be appointed to him or her and that anything he or she states can be used against him or her in court.

In appropriate circumstances, an experienced Massachusetts defense attorney presents the argument that the defendant was in "custody" when questioned by the police and that he or she did not knowingly and intelligently waive these rights. Successfully suppressing an inculpatory statement can often result in removing a powerful piece of evidence from the Commonwealth's case.

Continue reading " Defendant In Peabody Court Faces Criminal Charges After 10 Year Old Claims He Pulled On The Waistband Of His Pants " »

The Salem News reports that a Salem Superior Court judge released Nicholas Pratt, 24 of Salem who is accused of shaking his infant son during a fight with the child's mother on Mother's Day. The prosecutor argued that Pratt was a danger and should remain behind bars however, Judge Timothy Feeley released him to live with his friend and employer.

According to reports, Pratt is charged with two counts of domestic assault and battery on his six month old son and his girlfriend. The baby was examined and found to have an injury to his eye. Apparently, there was an indication that the child suffered a previous skull fracture. Authorities do not know how or when that injury occurred. There is also an additional charge of intimidation of a witness. Depending on the facts of a case in which domestic assault and battery has been alleged, the charge of intimidation of a witness often stems from attempts that the defendant may have made to prevent the complainant from contacting the police.

Massachusetts General Laws Chapter 268 § 13B provides that witness intimidation requires proof that (1) an individual was a witness in a stage of a criminal proceeding, and that the defendant (2) wilfully endeavored or tried to influence the witness, (3) did so by means of intimidation, force, or threats of force, or the offering of inducements, and (4) did so with the specific intent of influencing the witness. In Massachusetts, the witness intimidation statute punishes anyone who willfully endeavors to intimidate a witness; it does not require that the intimidation be successful. An experienced Massachusetts defense attorney can challenge the prosecutor's case by establishing that the government fell short on proving any one of these elements beyond a reasonable doubt.

When facing charges of domestic violence in Massachusetts it is imperative that a defendant be familiar with the rules that govern the issuance of a restraining order. In order to apply for a restraining order a complainant must demonstrate that he or she is in reasonable apprehension of immediate physical harm. When there is a request for a restraining order and a hearing is going to take place while a criminal case is pending, a defendant should seek the advice of an experienced Massachusetts domestic violence lawyer before speaking at any hearing. Under most circumstances, any statements made by a defendant during a restraining order hearing can be used against him or her at trial. The decision whether to speak during this hearing in an attempt to prevent the order from issuing but risking providing the District Attorney with potentially damaging evidence is an important one. Making the wrong decision may affect the outcome of your criminal case.

Continue reading " Salem Massachusetts Man Facing Criminal Charges Including Assault And Battery And Witness Intimidation Released From Jail " »

The Lowell Sun reports that 89 year old James Von Brunn, allegedly known as a white supremacist, was under investigation in the shooting death of a security guard at the Holocaust Museum in Washington, D.C.. According to reports, Von Brunn began firing a rifle as soon as he entered the Museum. Officials are reporting that the suspect's car was found near the museum and tested for the presence of explosives.

The gunman was also shot and taken to a nearby hospital. It has been reported that he is in critical condition. The Sun reports that the perpetrator was "engaged by security guards immediately after entering the door" with a rifle. The Salem News reports that students and faculty from from the Holten Richmond Middle School in Danvers and Swampscott Middle School were in the museum at the time of the incident.

In Massachusetts, strict gun laws are in effect. A conviction for a firearm offense can result in minimum sentence of eighteen months in jail. Depending on the facts of the case, an individual can be charged and convcited for possession of a firearm even it he or she does not actually have the firearm on his or her person. The prosecutor often relies on a theory of constructive possession to prove its case if the defendant was not the individual that actually had the firearm on his or her person. For example, when a firearm is found in a car, home or hotel room with more than one person present, the government often charges more than one person with the offense and lets all the cases work their way through the criminal justice system.

If you have been charged wih a firearm offense it is important to have an experienced Massachusetts trial attorney on your side from the beginning. Depending on the facts of the case, a pre-trial motion to suppress evidence, including the firearm and other incriminating evidence, may be appropriate. Successful litigation of these types of motions often results in a dismissal of the underlying case.

Continue reading " Elderly Man Kills Security Guard At Holocaust Musuem In Washington " »

Joseph Lafata, 28 years old from Gloucester Massachusetts, appeared in the Salem District Court and plead not guilty to the charge of armed robbery of an Eastern Bank branch in Salem Massachusetts. According to The Salem News, Lafata was identified as the perpetrator of the robbery after three separate jurisdictions recognized him following a description or through a booking photograph from previous arrests after he became a suspect.

It is alleged that Lafata walked into the bank late in the afternoon covering his head and demanding money. The Salem News reports that the culprit threatened to shoot the teller during the hold up. Although Lafata was identified by law enforcement officers that apparently recognized him from earlier dealings, the tellers that witnessed the robbery failed to identify Lafata during a photo array. Because Lafata is charged with armed robbery which is a felony and carries a potential penalty of up to life in prison, he will likely be indicted and the case will be litigated in the Salem Superior Court.

Based on the facts of this case it appears that a reasonable defense is that the defendant has been misidentified as the perpetrator. Although all of the details are not available at this time, it would be critical to determine how the law enforcement personnel determined that Lafata was the perpetrator. Areas that must be explored include determining whether any of the witnesses that identified Lafata have any bias against him. A thorough pre-trial investigation is essential to defend this type of case.

Other types of property crimes that defendants face in district court include larceny of property valued at over $250.00 or under $250.00. The difference between the two crimes, other than the amount taken, is that larceny under is a misdemeanor and larceny over is a felony. A felony is any crime where the potential sentence includes a commitment to state prison. A misdemeanor is any crime where the potential sentence includes a commitment to the house of correction.

Continue reading " Gloucester Massachusetts Man Charged With Armed Robbery Of Eastern Bank " »

The shooting death of Robert Plaza, 32 of Lawrence Massachusetts marks what the police suspect is the fourth homicide in the city this year and the second in less than a month. The Lawrence Eagle Tribune reports that Plaza careened into a chain-link fence in front of a local assisted living building. When firefighters and concerned citizens attempted to pull Plaza from his vehicle they discovered a gun shot wound to his chest. He was pronounced dead at the hospital a short time later. The authorities are treating Plaza's death as a homicide and believe it was the result of a "drug transaction gone bad."

If you have been charged with a firearm offense or a drug offense you must contact an experienced defense attorney as soon as possible. In Massachusetts, a conviction for possession of a controlled substance, possession of a controlled substance with intent to distribute and possession of a controlled substance with intent to distribute in a school zone can result in a commitment to the house of correction or to state prison. A conviction for a firearm offense can result in a defendant serving a minimum of eighteen months in jail.

In order to properly defend against these types of crimes, a good Massachusetts trial attorney often files appropriate pre-trial motions. These motions include motions to dismiss and motions to suppress physical evidence and statements. Successful litigation of these types of motions often result in the dismissal of the charges.

Continue reading " Lawrence Massachusetts Man Killed Marking The City's Fourth Homicide Of The Year " »

The Lowell Sun recently reported that the police responded to downtown Lowell after receiving a report that an intoxicated customer at the new Village Smokehouse located at 98 Middle Street flashed a gun.

At approximately 10 p.m. a priority call dispatched cruisers to the downtown area and police spotted the intoxicated culprit walking down the streets with the gun in his hand. He was detained and arrested following an identification procedure. After confiscating the weapon, it was determined that it was a BB gun. The Sun reports that Eric Burke of Burlington was charged with assault with a dangerous weapon.

In Massachusetts, the potential penalty for a conviction for assault by means of a dangerous weapon is a maximum of five years in state prison or two and one half years in jail. There is no mandatory minimum for this charge therefore, in certain circumstances a case of this type can be disposed of without the defendant receiving a committed sentence.

The government can prove the crime of assault under two theories. The Commonwealth can prove the crime by either proving an attempted battery or by proving an imminently threatened battery. Intent to put another in fear or apprehension is element of immediate threatened battery category of criminal assault. Additionally, if an individual commits an act that places another in reasonable apprehension that force may be used he or she may be charged with this crime.

If you have been charged with assault, assault and battery, assault and battery by means of a dangerous weapon or any other crime, you must contact an experienced criminal trial attorney as soon as possible. Depending on the facts of the case the defenses of self-defense, mistaken identity or accident may be applicable.

Continue reading " Man Charged With Assault Dangerous Weapon In A Lowell Massachusetts Restaurant " »

The Lawrence Eagle Tribune reports that an Essex County jury convicted former Department of Public Works Director James Flaherty, 67, and his son Kevin Flaherty, 37, on larceny charges. This verdict comes following a protacted trial in an Essex County Massachusetts Superior Court where the two men took the stand in their own defense.

James Flaherty faces up to five years in prison for the larceny conviction. His son faces the possibility of an increased sentence due to convictions for presenting a false claim. Although the prosecutor asked for immediate incarceration, the duo remain free at least until their sentencing hearing scheduled for June 20th.

In order to be convicted for the crime of larceny, the prosecutor must prove that the defendants took the property from another individual with the intent to permanently deprive the owner of the property. In this case, the prosecutor's theory was that the father son team used the city account to buy hardware for their private use. In Massachusetts, a conviction for larceny of propery valued at under $250.00 is a misdemeanor, with the maximum sentence being a sentence to the house of correction. A conviction for the felony charge of larceny of property valued at over $250.00 carries the potential penalty of a committed sentence to state prison.
In the case, the government claimed that the pair commited larceny by using city accounts to buy hardware for their private use.

Continue reading " Essex County Jury Convicts Father And Son For Larceny " »

According to The Lawrence Eagle Tribune, a Lawrence Massachusetts man was arrested and charged with carrying a firearm without a license, discharging a firearm within 500 feet of a building, and possession of ammunition without a firearms identification card. The Tribune reports that police were called to the Fern Street neighborhood due to reports of a man firing up to six gunshots "over his head." During the early morning hours, a neighbor heard commotion and went to his window where he saw a pair of men. One of the individuals was "holding a gun over [the other person's] head." After repeatedly firing the gun, witnesses stated that the man walked into an apartment on Fern Street in Lawrence.

The police arrested this defendant and three of his roommates. The paper reports that one of the roommates was charged with disorderly conduct and resisting arrest while the other two were charged as keepers of a disorderly home. Police recovered a .32-caliber semiautomatic handgun behind the home. Shell casings were also recovered from the street.

If you have been charged with any crime, you must contact a Massachusetts defense attorney to ensure that all of your rights are protected. In any case where "possession" of the alleged item is an element of the crime and experienced trial attorney can evaluate whether filing a pre-trial motion to suppress the evidence is a viable option. A successful litigation of a motion to suppress evidence means the suppression of the physical evidence and often times dismissal of the case against a defendant.

If you have been charged with a criminal offense, it important that you contact a criminal attorney familiar with the elements that the government must prove to secure a conviction. For example, to prove the crime of discharging of a firearm within 500 feet of a dwelling or other building in use you can face a penalty ranging from by a fine of not less than fifty nor more than one hundred dollars or by imprisonment in a jail or house of correction for not more than three months, or both. However, there are exceptions to the enforcement of this law that include the lawful defense of life and property; any law enforcement officer acting in the discharge of his duties; (c) persons using underground or indoor target or test ranges with the consent of the owner or legal occupant thereof; (d) persons using outdoor skeet, trap, target or test ranges with the consent of the owner or legal occupant of the land on which the range is established; (e) persons using shooting galleries, licensed and defined pursuant to statute; and (f) the discharge of blank cartridges for theatrical, athletic, ceremonial, firing squad, or other purposes in accordance with the statute.

Continue reading " Lawrence Massachusetts Man Charged With Firearm And Related Offenses " »