Boston Criminal Defense Lawyer Blog

A twenty-six year old man was attacked by perpetrators yielding metal baseball bats in Lawrence Massachusetts. According to The Lawrence Eagle Tribune, police responded to a call for a fight in the area of Green Street in Lawrence on Wednesday October 7th and found a man who had been beaten with baseball bats and robbed of a cell phone. A witness reported that the culprits, ". . . just robbed him and hit him with baseball bats" and left the man bleeding on the streets. The witness called for an ambulance however, the victim could not describe his attackers because he was attacked from behind. The victim is in critical but stable condition at Boston area hospital. The authorities have declined to indicate whether the attack was gang related.

In the event that the perpetrators are apprehended they will likely be charged with assault with intent to murder, assault and battery by means of a dangerous weapon, armed robbery and assault and battery. Based on the facts known at this time, in view of the fact that there has not been any identification in the days since the incident, a defense of mistaken identify may be a viable defense. Although all of the facts are not known at this time, it does not appear that a claim of self-defense would be available because of the reports that witnesses saw the man being beaten and robbed of his cell phone. In Massachusetts, once a defendant raises a claim of self defense the government must prove beyond a reasonable doubt that the defendant did not act in self defense. A decision of whether to peruse this type of defense cannot be made until a thorough pre-trial investigation has been conducted.