Boston Criminal Defense Lawyer Blog

A thirty-eight year old Haverhill Massachusetts woman, Dorothy Driscoll, will enjoy the summer at MCI Framingham following her conviction for assault and battery by means of a dangerous weapon and shoplifting as the result of an incident at the Family Dollar Store located in New Hampshire. According to The Lawrence Eagle Tribune, Driscoll threw hot coffee in the face of an assistant store manager after attempting to steal several items from the store. Driscoll apparently admitted splashing the coffee in the employees face when she was confronted shortly after the incident. The Tribune reports that Driscoll punched a store clerk before she left the store leaving the items behind. Neither employee was seriously injured. Driscoll pleaded guilty in the Haverhill District Court and Judge Stephen Abany sentenced her to five months in jail. She received credit for twenty-nine days she served awaiting disposition.

In Massachusetts, the crime of assault and battery by means of a dangerous weapon is a felony. A felony is any crime where a defendant faces the possibility of serving a state prison sentence upon conviction. However, even though a defendant may face the potential of receiving a state prison sentence, there is often a jail or house of correction alternative. In addition to proving the elements for assault and battery, the Commonwealth must also prove beyond a reasonable doubt that the crime was committed with a “dangerous weapon” to prove the crime of assault and battery by means of a dangerous weapon. A dangerous weapon includes more than items that would routinely be considered dangerous such as a knife or a gun. A dangerous weapon can be an ordinary item that is used in a dangerous manner. For example, a cigarette that is used to burn a person or a shoe that is used to kick a person would be considered a dangerous weapons in Massachusetts.

Depending on the facts of the case, viable defenses to a charge of assault and battery and/or assault and battery by means of a dangerous weapon include misidentification or self-defense or defense of another. In the event that a defendant asserts the defense of self-defense or defense of another, the burden is on the Commonwealth to prove beyond a reasonable doubt that the defendant did not act in self-defense or in defense of another.

Continue reading " Haverhill Massachusetts Woman Sentenced To Five Months For Assault And Battery By Means Of A Dangerous Weapon -- Hot Coffee " »

Following nine days of trial and more than fifteen hours of deliberations a Middlesex County jury convicted Mark Kerrigan for simple assault and battery. The District Attorney's Office sought a conviction for manslaughter in the death of Mark Kerrigan's seventy year old father following a physical altercation at the family's home in January 2010. Mark Kerrigan is the brother of former Olympic figure skater Nancy Kerrigan.

According to The Boston Globe, the police were called to the Kerrigan home twice on the night of the incident. The prosecution argued that Kerrigan and his father fought over the use of a telephone before the elder collapsed from an apparent heart attack. Although Kerrigan's family did not support the prosecution, Middlesex County Assistant District Attorney Elizabeth Keeley stated that the prosecution was not treated any differently because the defendant's family supported the defendant.

Although the Commonwealth tried to prove that Mark Kerrigan was responsible for his father's death, the jury thought otherwise and returned a not guilty verdict on the manslaugher charge. The Commonwealth prevailed on proving beyond a reasonable doubt that Kerrigan committed an assault and battery on his father. He will be sentenced today and faces up to two and one half years in jail. He has already served four months.

The Commonwealth can prove assault and battery under either of two theories. For one theory the Commonwealth must prove beyond a reasonable doubt that the defendant committed an intentional touching on another without that person's permission. Alternatively, there is a theory in which a defendant engaged in conduct which resulted in physical injury to a victim. Consent is not a defense to this type of assault and battery.

Continue reading " Middlesex County Jury Convicts Stoneham Native Mark Kerrigan For Lesser Charge Of Assault And Battery " »

A forty-four year old Haverhill man, Michael Magar, is facing serious felony charges including assault with intent to murder and assault and battery by means of a dangerous weapon as a result of a confrontation over canolis. The Lawrence Eagle Tribune reports that Patrick Clohisy was upset when he heard that Magar threw out canolis that he brought for his daughter who lives with Clohisy's former wife. Magar and Clohisy's ex-wife are currently dating. During a "dangerousness hearing" in the Haverhill District Court Patrick Clohisy's ex testified that she discouraged Patrick from coming to the house because he sounded angry and upset. However, he did not heed her advice and a physical confrontation occured between Patrick Clohisy and Michael Magar, Clohisy ended up with a stab wound in his abdomen and Magar ended up behind bars. Judge Stephen Abany set Magar's bail at $10,000.00 cash.

Although all of the facts of this case are not known, it appears that the defendant may have a viable claim of self-defense. In Massachusetts once a defendant raises a claim of self-defense the prosecution must prove beyond a reasonable doubt that the defendant did no act in self-defense. Furthermore, like force can be used to dispel an aggressor. If you have been charged with a crime against a person and believe that you acted in self-defense or in defense of another it is important that you have an experienced Boston attorney on your side to present a successful defense.

Continue reading " Haverhill Massachusetts Man Chargd With Attempted Murder And Assault And Battery By Means Of A Dangerous Weapon " »

The Lawrence Eagle Tribune reports that a former Lawrence City Councilor Jorge Gonzalez was arrested for allegedly firing his handgun in front of his home. The Tribune indicates that the police believe that alcohol may have played a part in the incident. Police officers responded to the former Councilor's home after complaints relative to gunshots being heard at approximately 2:14 am. Apparently, witnesses also saw fifty-four year old Gonzalez's wife take him into the house after the shots were fired. Gonzalez was arraigned in the Lawrence District Court this week and charged with discharging a firearm within 500 feet of a dwelling and disorderly conduct.

Massachusetts General Laws Chapter 269 § 12E provides that whoever discharges a firearm . . . within five hundred feet of a dwelling or other building in use, except with the consent of the owner or legal occupant thereof, shall be punished 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. Although all of the facts of the case are not known at this time, in cases of these types it is sometimes appropriate to argue that in view of the fact that it was the defendant's dwelling, the statute was not violated. In order for the Commonwealth to prevail in a disorderly person case it must prove beyond a reasonable doubt that a defendant engaged in hazardous or offensive conduct for no legitimate purpose. Although the offense is a misdemeanor and may appear minor at first blush, the maximum sentence is six months is jail.

Continue reading " Former Lawrence City Councilor Faces Criminal Charges For Firing His Gun Outside Of His Home " »