Boston Criminal Defense Lawyer Blog

A twenty-four year old Lowell Massachusetts man has been charged with with assault and battery on a pregnant woman, unlawful possession of a firearm, unlawful possession of ammunition, assault and battery, threatening to commit a crime and improper storage of a firearm. The Lowell Sun reports that police responded in the early morning hours to a residence on Whipple Street as the result of reports that a man was waving a shotgun at other individuals. The criminal charges against the Lowell defendant stem from an incident where he allegedly struck a pregnant woman and waved a sawed off shotgun in her face. After determining that a shotgun had been used in the incident, the police confiscated a 12-gauge shotgun and ammunition from the apartment.

In Massachusetts, the charge of assault and battery is a misdemeanor and is punishable by up to two and one half years in jail. However, the enhanced charge of assault and battery on a pregnant woman provides for a harsher sentence of up to five years in state prison or up to two and one half years in jail.

In order to prove the crime of assault and battery on a pregnant woman the Commonwealth must prove that the victim was pregnant, that the defendant reasonably caused her to fear an immediate attack from the defendant; that this fear led her to try to escape from or defend herself against the defendant; and that she received more than a trifling bodily injury while trying to defend herself or escape. See, M.G.L.A. 265 § 13A.

If you have been charged with a crime in Massachusetts it is important that you have experience, strategy and know how on your side. Attorney McCarhy routinely appears in courthouses across the state and protects the rights of her clients accused of crimes. Depending on the facts of the case it may be appropriate to assert a claim of self-defense or mistaken identification. Effective pre-trial investigation is critical to ensure that you are effectively represented.