Boston Criminal Defense Lawyer Blog

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.