Boston Criminal Defense Lawyer Blog

The Lawrence Eagle Tribune reports that Wakefield resident fifty-four year old James Potenza plead not guilty to a charge of larceny over $250.00 in the Haverhill District Court. According to the Tribune, Potenza was the treasurer of the Pentucket Youth Football League from June 2004 through March 2010. An investigation into the League's finances began after a number of unpaid invoices and bounced checks came to the attention of other board members. The prosecution is claiming that the investigation shows that Potenza took between $60,000.00 and $80.000.00. The case is set for June 7th for a pre-trial conference.

The charge of larceny of property over $250.00 is a felony with the potential of the defendant serving a state prison sentence in the event of a conviction. However, in view of the fact that Potenza has no criminal record it is unlikely that he will get a committed sentence. Although all of the facts are not known at this time, it appears that the prosecution will have to have a clear "paper trail" to pin the discrepencies on Potenza. To prove a larceny the Commonwealth must prove that Potenza took the money with the intent to permanently deprive the league of it. One potential defense may be to demonstrate that the defendant did not intend to keep any amount that the government can demonstrate he actually took. All elements of the crime must be proved beyond a reasonable doubt.

Continue reading " Wakefield Man Pleads Not Guilty To Larceny Charge In Haverhill District Court " »

A baby shower in Lawrence Massachusetts became violent when two people were stabbed during the event. Police responded during the late evening to the aftermath of a mele that began when a bottle struck a woman and her husband pulled out a knife. According to the Lawrence Eagle Tribune the victim's injuries were not life threatening.

One man is charged with assault and battery by means of a dangerous weapon and another is charged with disorderly person, resisting arrest and assault and battery. Although all of the facts are not known at this time, it appears that a reasonable defense may be self-defense or defense of another. The most serious of the charges is the assault and battery by means of a dangerous weapon charge which is a felony. A felony is a case in which a possible sentence is a state prison commitment. In order to prove the "intentional" version of this crime the government must prove that the defendant committed an intentional touching of another person without that person's consent with a dangerous weapon. In Massachusetts, a knife is considered a "per se" dangerous weapon. In the event that a defendant claims that he or she acted in self defense or in defense of another the Commonwealth must prove that a defendant did not act in self defense or in defense of another beyond a reasonable doubt.

Continue reading " Lawrence Massachusetts Baby Shower Ends With One Man Charged With Assault And Battery By Means Of A Dangerous Weapon And Another Charged With Disorderly Conduct, Resisting Arrest And Assault And Battery " »