Boston Criminal Defense Lawyer Blog

The Lawrence Eagle Tribune reports that a local couple has been charged with a laundry list of charges as the result of an altercation following a local couples dinner at a Danvers restaurant. According to reports, Matthew and Joanna Kotowski left an area dining establishment and headed home when a motorist drove up behind the pair and sandwiched himself between the couple. Matthew, upset by the driving of the motorist, followed the car. Apparently the driver approached Kotowski's car and began yelling at him. At this point the accounts of what happened vary. The unruly motorist claims that Kotowski pointed a loaded firearm at him; Kotowski claims that he was acting in self-defense and pulled the gun out and put it on his lap to calm the motorist down. Eventually, the police arrested Kotowski at his home and charged him with assault and battery with a dangerous weapon and two counts of improper storage of a handgun. The police searched Kotowski's home and recovered a shotgun and two handguns in the home. Mrs. Kotowski was apparently so upset that the motorist was not charged that she returned to his establishment and will be summonsed to Court for hearings relative to the charges of being a disorderly person and assault and battery. Mr. Kotowski was arraigned in the Newburyport District Court and released on $5,000.00 cash bail. He is scheduled to be back in court on January 4, 2012 for a pre-trial conference.

Although all of the facts are not known at this time, there are a number of defenses to be considered based on this fact pattern. At the outset, an experienced Massachusetts defense attorney should engage the services of an investigator to return to the scene and determine whether there are witnesses that support the defendant's claim of self-defense. In most circumstances, any investigation should be done sooner rather than later so that the memory of a witness is fresh and clear. Interviewing potential witnesses promptly can be the difference between mounting a successful or an unsuccessful defense.

Continue reading "Couple Faces Charges In Newburyport District Court Stemming From An Incident Police Describe As "Road Rage"" »

According to The Lowell Sun, following his arraignment in the Middlesex County Superior Court, a Lowell Massachusetts man, Neil Sylvester was ordered to be held on $25,000.00 cash bail after being being charged with assault and battery, stalking (a subsequent offense) violating a restraining order, (four counts), and three counts of witness intimidation. Sylvester, who was already in jail for stalking his former girlfriend, thought it was a good idea to send her metal rods from his hand to demonstrate his lover for her. Apparently, his former flame did not like the present and contacted the authorities. Sylvester found himself facing criminal charges for his ill advised behavior.

In Massachusetts, Massachusetts General Laws Chapter 265 Section 43 indicates that an individual can be charged with stalking if he or she willfully and maliciously engages in a ". . . knowing pattern of of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury. . . " In the event that a defendant is found guilty of stalking he or she can be sentenced to up to five years in state prison or by imprisonment in the house of correction for not more than two years. The crime of stalking is a felony because a potential sentence is a state prison sentence.

The charge of violating a restraining order is a misdemeanor because the potential penalty is house of correction sentence. In Massachusetts, a restraining order is a civil order however, in the event that an individual is charged with violating the order a criminal charge can issue. There are currently two types of restraining orders that an individual can apply for in Massachusetts. The more "traditional" order is referred to as a "209 A" restraining order. In order for someone to apply for that type of court order the parties must be related, married, roommates or have been involved in a substantial dating relationship. In order to get that type of order an applicant must initially convince a judge that he or she is in reasonable fear of immediate physical harm from the defendant. Typically, a temporary order is issued by a judge and a further hearing date is set so that the defendant can appear to oppose the order if he or she choses to do so.

The other type of order is called a 258 E Harassment Prevention Order. There is not requirement that the parties be involved in any type of personal relationship for this type of order to issue. Chapter 258E provides the following three definitions of “harassment” warranting relief: (1)”3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, abuse or damage to property”; or (2) a single act that “by force, threat, or duress causes another to involuntarily engage in sexual relations”; or (3) a single act that constitutes one of 12 enumerated crimes involving sexual assault, stalking, or harassment. The first paragraph is the most common paragraph that a plaintiff proceeds under.

Continue reading "Lowell Massachusetts Man Held On Bail Charged With Stalking And Assault And Battery" »

The Lawrence Eagle Tribune reported that Daniel Linnell III of Danvers will spend the next eighteen months on probation for hitting his son in a movie theatre last August. After the manager received complaints, the defendant was arrested at the Danvers theatre and charged with assault and battery. According to the paper, witness saw the frustrated father hit his four year old son on the head causing his drink to fly from his hand. In the Salem District Court, Linnell's defense attorney asserted that the father swung at the child to prevent him from hitting him in the groin.

As in most situations, there were two sides to this story. On one hand, the father, defendant, claimed that he was just protecting himself from his child. On the other hand, on the day of trial two witnesses appeared prepared to testify that they saw Linnell strike the child, however, did not see the child hit him in the groin. Apparently, concerned with what the outcome would be, the father opted to accept responsibility and have his case continued without a finding for eighteen months. As long as Linnell completes an anger management course, does not get rearrested, enrolls in career counseling and does not abuse children the case will be dismissed. Thus, the defendant avoided the possibility of a conviction if the case had gone to trial.

If you have been charged with any crime in Massachusetts it is imperative that you have an experienced Boston area attorney on your side. Investigating a case early on and evaluating all of the evidence is critical in the early stages of a case. Depending on the circumstances, a defense attorney can file discovery motions, motions to suppress evidence, motions to suppress evidence and motions to dismiss.

For a defendant who is charged with assault and battery, the most common defenses are self-defense, defense of another and misidentification. Based on the available information in the Linnell case, it appears that a viable defense would have been self-defense. In the event that a case of self-defense or a defense of another is assorted, the Commonwealth must not only prove the case beyond a reasonable doubt but they also must prove that the defendant did not act in self-defense beyond a reasonable doubt.

Continue reading "Danvers Father Receives Eighteen Months Probation For Hitting His Four Year Old Son" »

According to The Lawrence Eagle Tribune, Dominique Hans from Salem boarded a school bus this past February in an effort to prevent her disabled child from continuing to be hit on the way to school. According to the paper, Hans approached the bus driver in an effort to explain that her child was getting hit by one of the passengers. When the bus driver apparently ignored her, she walked down the aisle and asked the child why she hit her son. It appears that she did not want the boy to sit next to her so she hit him. Hand eventually faced a charge of assault and battery in the Salem District Court.

In Salem District Court both sides offered their version of the events and proposed, what they believed to be, appropriate punishment. The Commonwealth requested that a guilty finding enter and the defendant be placed on eighteen months supervised probation and that she write a letter of apology. The defense proposed that the case be continued without a finding for one year and then dismissed if the defendant successfully completes probation. The defense emphasized the defendant's impressive law abiding background and explained that the defendant was protecting her child from being hit on the bus. Apparently, the concerned mother and defendant feared that if the hitting continued her son could suffer hearing loss. The judge ultimately sided with the defendant and continued the case without finding the defendant guilty and ordered that she apologize to the passenger on the bus.

In order to prove assault and battery in Massachusetts the Commonwealth has to prove beyond a reasonable doubt that the defendant committed an intentional unconsented to touching on another person. If you or a family member has been charged with assault and battery it is important that you have an experiences Massachusetts defense lawyer on your side. Depending on the circumstances of the case a defense of self-defense, defense of another or a claim that the incident just did not happen can be developed and presented at trial.

Often times a criminal charge of domestic assault and battery often accompanies a request by the complainant for a civil 209A restraining order. If you have been served with a 209A restraining order or would like to seek a 209A restraining order against a relative, spouse, roommate or someone with whom you have been involved in a substantial dating relationship with -- it is important that you contact an Massachusetts attorney to make sure that you understand the appropriate standard that has to be met. Although a 209A restraining order is a civil order--it is often recommended that a defense be presented because if the complainant alleges that there is a violation then a criminal charge can issue. The best way to avoid this from happening is to prevent the order from issuing in the first place!

Continue reading "Salem Massachusetts Woman Placed On Probation For Assault And Battery" »

According to The Lowell Sun, thirty six year ol Shawn Price from Lowell MA is charged with a number of criminal offenses including domestic assault and battery, assault and battery, illegal possession of a firearm, unlawful possession of ammunition, improper storage of a firearm and intimidation of a witness. It was reported that the police were dispatched to a Lowell address where Price's girlfriend alleged that Price punched her, struck her with a coffee cup and coffee maker in an unprovoked attack. Following a bail hearing in the Lowell District Court Judge Barbara Pearson ordered that the defendant be held on $1,500.00 bail. The defendant pleaded not guilty.

According to reports, when the police responded to the alleged domestic violence, Price's girlfriend claimed that Price had fled. The girlfriend alleged that while Price was in the bedroom using a cell phone he attacked her by grabbing her around the neck then dragging her by the hair. Price then threw the phone in the toilet so that his girlfriend could not call for help. This conduct must be the basis for the intimidation of a witness charge. The witness was apparently hysterical and had visible bumps and bruises. The witness did not seek medical attention and did not receive a restraining order against her boyfriend.

This type of case is often categorized as a "domestic abuse case." In many situations, however, not in this case, the witness may apply for and receive a temporary 209A restraining order. Initially a "temporary 209A restraining order" is issued by a District Court Judge. In order for such an order to issue the complaining witness must allege facts indicating that he or she was placed in reasonable apprehension of immediate physical harm by the conduct of the defendant. In most cases, a complainant applies for this in a local district courthouse and fills out an affidavit in support of the restraining order. If it is an "emergency" and the courthouse is closed, often a clerk magistrate will call a judge that is "on call." If the criteria is met, a temporary order may issue. For the order to have legal impact, it must be served on the defendant or he or she must be made aware of the specific conditions of the order. Following this initial order, a court hearing is scheduled approximately ten days from the issuance of the order. The defendant and the complaining witness are expected to show up. If neither party appears in court the order expires by "operation of law" at four o'clock in the afternoon.

In order to be able to apply for a 209 A restraining order the parties must be related, be roommates or be involved in a substantial dating relationship. However, if this criteria is not met a person may apply for a Harassment Prevention Order pursuant to Chapter 258E. In order to apply for this type of order it is not necessary that the parties be related, be roommates or have been in a substantial dating relationship. However, the standard for for the issuance of this order is different. The most common theory under which this type of order is sought is when a witness alleges that a defendant "harassed" him or her. The type of conduct that constitutes harassment is similar to that required for criminal harassment.
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Continue reading "Lowell Man Charged With Domestic Assault And Battery, Firearm Offenses And Related Charges Stemming From A Domestic Dispute" »

A disagreement over a debt landed one neighbor in jail and the other crying and calling the police. According to The Danvers Herald, forty-four year old Jayniene McCarthy of Danvers barged into a neighbor's apartment, kneeing a two-year old toddler before putting a knife to the boy's mother's throat and taking a wallet from the kitchen table. According to reports the front door of the victim's apartment was kicked in and McCarthy faces charges including armed robbery, assault and battery on a child causing injury, breaking and entering, assault and battery to collect a loan and malicious destruction of property. The assailant allegedly took a knife from the dish rack and put it to the victim's neck demanding repayment of a $100.00 loan. When the police arrived she was crying and the child had a bruise on his head. Both were evaluated at the hospital. According to the paper, the suspect allowed the police to search her apartment and the wallet was found in the suspect's apartment.

Apparently, the defendant was held without bail pending a dangerousness hearing set for this Wednesday. The District Attorney's Office files a request for a "dangerousnsess hearing" in the event that they believe that an individual is a danger to herself, himself, a particular individual or the community and there are no other reasonable means to ensure the safety of the public without having the defendant held in jail without bail. The prosecutor must also be able to present probable cause that the defendant committed the offense. In the event a judge finds that an individual fits this criteria he or she may be held without the opportunity to post bail.
Although all of the facts of this case are not known at this time, if the defendant does not have a record that is a positive factor that should be emphasized by a qualified defense attorney. In cases in which is is alleged that a defendant engaged in violent behavior which may concern a Judge, arguing that the defendant could routinely report to probation and abstain from alcohol and or drugs (if they were involved in the offense) may help an individual be able to be eligible for bail. If things are not looking good, it is sometimes a good idea to argue that the individual be placed on a "bracelet" and only allowed to go to work and other enumerated activities.

In this case, it appears that the defendant consented to the police entering her apartment and searching it. In Massachusetts the police must get a search warrant in order to search a person's home. A few exceptions to that rule are if there are "exigent circumstances" or if a person in control of the premises "consents" to the search. "Consent" must be given freely and without coercion. An experienced defense lawyer will often file a motion to suppress evidence based on illegal entry, search of an apartment and seizure of evidence from a home in situations in which law enforcement did not get a warrant prior to entry and there was not exigency or consent. Whether an individual "consented" to a search is often the subject of litigation during a motion to suppress evidence.

Continue reading "Danvers Massachusetts Woman Held For A "Dangerousness Hearing" Following Her Arraignment For Charges Stemming From An Alleged Armed Robbery " »

The Lowell Sun reports that forty year old Shawn Kelley has been charged with assault with intent to murder and assault and battery relating to an incident that occurred on Tuesday, September 6th during the evening. It has been alleged that a woman reported the incident the following morning claiming that Kelley choked and threatened her. Following his arraignment in Lowell District Court, Judge Thomas Brennan ordered that Kelley be held on $10,000 cash bail. In the event that the bail is posted, Brennan ordered that Kelley have a mental health and a substance abuse evaluation, refrain from abusing the victim and have no access to weapons. A probable cause hearing is set for October 6th.

Massachusetts General Laws Chapter 265 section 13A provides that the punishment for a defendant convicted for assault or assault and battery is up to two and one half years in prison or by a fine of not more than one-thousand dollars. The charges of assault and assault and battery are considered felonies because the potential penalty in this case is a “house of correction” or “jail” sentence. When a potential sentence that a defendant can receive includes a state prison commitment, the charge is considered a felony.

In order to be convicted of assault and battery the Commonwealth must prove beyond a reasonable doubt that there was an intentional and unjustified touching, however slight, on another OR that a defendant intentionally engaged in wanton or grossly negligent conduct that cause injury to another person. Thus, the charge of assault and battery is often described as having two “branches,” the “intentional” branch and the “wanton” or “negligent” branch. The government can prove their case by establishing either theory. The crime of simple assault can also be committed in one of two ways. One can be convicted of assault by “attempting a battery” on another or by putting another person in fear of an immediately threatened battery. Relative to the “attempted battery” type of offense, it is not necessary for the “victim” be put in fear.

Although all of the facts of this case are not known at this time, it appears that the reason for the delayed reporting should be investigated for the defense. Furthermore, while the case is still “new” it may be appropriate for the defense team to employ an investigator to determine whether there are any witnesses to the alleged incident other than the defendant and the complaining witness.

Depending on the circumstances of the case, it will be important to establish if there is a viable claim of self-defense, defense of another, accident, misidentification or that the incident simply did not happen. Relative to a claim of self-defense or defense of another, the Commonwealth has the burden to prove its case beyond a reasonable doubt and then to prove beyond a reasonable doubt that the defendant did not act in self-defense or in defense of another.

Continue reading "Billerica Man Faces Assault And Battery Charges And Assault With Intent To Murder Charges In Lowell District Court" »

A Haverhill Massachusetts man, Michael Donnelly, was arrested and charged with assault and battery at 3:15 in the morning, released and rearrested for the same offense at 11 a.m.. According to The Lawrence Eagle Tribune the police were called to the Haverhill home twice in a short time span because of a fight with his girlfriend and a "violent outburst." Donnelly appeared in the Haverhill District Court where the Assistant District Attorney requested that he be held on $3,000.00 cash bail. Judge Stephen Abany declined to set the bail that high but held the defendant on $450.00 cash bail. The Tribune reported that the defendant claimed that the disagreement stemmed from the fact that he wanted to end the relationship with the complaining witness.

Although all of the facts of the case are not known at this time, in these types of cases there are many ways that an experienced Boston area defense attorney can build a defense. One area that must always be examined is whether a defense of self-defense or defense of another is viable. In the event that there was an altercation in which both parties sustained injuries, a self-defense theory must be explored. In the event that self-defense or defense or another is presented during a trial, the Commonwealth must not only prove beyond a reasonable doubt the assault and battery but must also prove beyond a reasonable doubt that the defendant did not act in self-defense or in defense of another.

These types of cases are often referred as “domestic violence” cases. In addition to facing criminal charges, a defendant may also have to oppose the issuance of a restraining order. In situations where the parties have a “substantial dating relationship,” are family members or roommates a complainant may apply for a “209A” restraining order. In the event that the plaintiff can establish that a defendant’s actions put him or her in reasonable apprehension of immediate physical harm a judge may grant the order. Keeping in mind that at the time an initial order is granted a judge only hears one side of the story, the order often issues at the outset. Typically, a return date is given and at that time the defendant or opposing party will have the opportunity to present his or her side of the story. A defendant opposing a 209A restraining order MUST be mindful that anything he or she states during the civil restraining order hearing may be used against him or her during the criminal prosecution. Thus, depending on the circumstances, it may not always be wise for the defendant to speak in open court but have an experienced domestic violence lawyer speak on his or her behalf.

Continue reading "Haverhill Massachusetts Man Charged With Assault And Battery Twice Within A Ten Hour Span" »

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 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" »

According to The Salem News, a twenty-five year old off duty firefighter was found not guilty of assault and battery following a jury-waived trial in Salem District Court. The charges stemmed from a Halloween party last fall that left a Danvers man in a pool of blood at the bottom of a set of stairs with injuries to his face and hip. According to the paper, the trial focused on exactly how the Danvers resident sustained the injuries. The Commonwealth presented witnesses alleging that the defendant punched the intoxicated guest and pushed him down twelve stairs in front of the party house. The defendant and other witnesses testified that the party-goer was inadvertently sent down the stairs by another guest. The District Court judge concluded that there was reasonable doubt as to whether the defendant committed the assault and found the firefighter not guilty.

In Massachusetts, in order to be found guilty of assault and battery the Commonwealth must prove beyond a reasonable doubt that a defendant intentionally committed an unconsented to touching on another person or the intentional doing of a wanton or grossly negligent act causing personal injury to another. Assault and battery by means of reckless, wanton and willful conduct requires actual physical injury as necessary element of required proof. When a client is accused of assault and battery or any violent crime it is important to investigate and develop a defense early in the case. The option to consider in a case where there was contact between the parties is whether a defendant acted in self-defense or in defense of another. Once that type of defense is asserted at trial, the Commonwealth must prove beyond a reasonable doubt that a defendant did not act in self defense or in defense of another. Another possibility, as was the case here, is for the defendant to deny that he or she was the perpetrator.

Continue reading "Salem Massachusetts Man Cleared Of Assault And Battery Charge In Salem District Court" »

The Lawrence Eagle Tribune reports that a Haverhill police officer has been charged with assault and battery on his wife stemming from an incident in their Groveland home. Officer David MacKinnon has been placed on paid administrative leave pending the outcome of an investigation into what happened in his home that led to his wife calling the police. The police report indicates that MacKinnon's wife called the police following an argument that led to MacKinnon grabbing her by the neck, pushing her face in a pillow and preventing her from leaving the bathroom.

Now, these are only allegations and we will have to wait and see how this scenario plays out. These situations are often termed as cases of "domestic violence" because the alleged assault was committed on a family member. In the event that the couple reconciles the government cannot force a spouse to testify against his or her spouse because in Massachusetts the "marital privilege" can be asserted. The fact that there was no mention of a 209A restraining order being issued at the complainant's requests bodes well for Officer MacKinnon.

In cases of domestic violence the police usually inform the "victim" that they can apply for a restraining order if he or she claims that he or she is in reasonable apprehension of immediate physical harm. A judge can order that a defendant refrain from abusing the "victim," order a defendant out of the home, order a defendant to stay away from a couples children and order the defendant to stay away from the victim's place of employment. If you have been served with a 209A restraining order or a Harassment order it is important that you have an experienced domestic violence attorney on your side. Although a restraining order is a civil order, an alleged violation can result in criminal charges against a defendant.

Continue reading "Haverhill Massachusetts Police Officer Charged In Case Of Alleged Domestic Violence" »

Actor Charlie Sheen will not be facing any criminal charges for his violent meltdown at a New York hotel in October. The New York Daily News recently reported that despite porn star Capri Anderson's claim that Sheen harassed and assaulted her in New York's Plaza Hotel. Although this case seems to have ended well for the embattled star, he has also been involved in cases of domestic violence that have contributed to his bad boy image.

In Massachusetts, if you have been charged with a felony or misdemeanor it is critical that you have an experienced Boston criminal defense attorney on your side. A skilled lawyer can make the difference between a defendant having a criminal record or not. Additionally, cases of domestic violence often involve 209A or Harassment Restraining Orders that are litigated at the beginning of the criminal case. In order for the Court to grant a 209A restraining order the complaining witness must convince the judge that he or she is in reasonable apprehension of immediate physical harm. Although a restraining order is a civil order, an alleged violation can result in a criminal charge being lodge against a defendant. A knowledgeable defense attorney is necessary to ensure that the defendant's side of the case is presented.

Continue reading "No Criminal Charges To Issue Against Charlie Sheen For New York Incident" »

A forty-eight year old woman, Carol Provost, will face multiple counts of assault and battery charges in the Salem District Court for allegedly grabbing her eighty-two year old mother by the hair and beating her with a belt. The Lawrence Eagle Tribune reports that Provost is also accused of attempting to choke her mother with a belt before she was able to lock herself in the bathroom and eventually flee to a hospital for refuge.

Based on these accusations, Provost could face charges stemming from assault, assault and battery, assault and battery by means of a dangerous weapon to kidnapping and assault with intent to murder. At this time it appears that only one side of the story has been made available. Although all of the facts surrounding this incident are not known, it appears that viable areas for a defense could be self-defense, defense of another or some type of psychiatric defense such as "insanity."

These types of crimes are often termed "domestic crimes" because the involved parties are related. Often the complaining witness requests a 209A restraining order which requires a hearing for a temporary order to be extended. If you are a defendant facing a restraining order hearing, it is imperative that you have an experienced Boston criminal attorney on your side. Although a 209A restraining order is a civil order, any alleged violation can result in being charged in the criminal court with violation of a restraining order.

Continue reading "Methuen Woman To Face Domestice Assault And Battery Charges In The Salem District Court For Allegedly Beating Her Elderly Mother" »

Thirty-five year old Luis Reyes was arraigned in Lowell District Court and charged with assault and battery on a child, two counts of assault and battery on a police officer and resisting arrest. The Lowell Sun reports that Reyes is accused on biting his three year old son on his shoulder. According to The Sun, the police were called to 47 Chapel Street by the boy's aunt. Apparently, the child was screaming and crying in pain as the result of a bite mark on his shoulder. Upon questioning by his aunt the boy pointed to his father. Following a bail hearing, Reyes was ordered held on $2,500 cash or $250,000 surety after pleading not guilty to the charges.

In Massachusetts “assault and battery” is the intentional and unjustified use of force upon t another, however slight, or the intentional doing of a wanton or grossly negligent act causing personal injury to another. An “assault” is an attempt or offer to do bodily harm to another by force or violence, or simply an attempt to commit a battery. Depending on the facts of the case, self-defense or defense of another are often a viable defenses to a charge of assault and battery. Once a claim of self-defense or defense of another is viably presented, the burden shifts to the Commonwealth to disprove such affirmative defense.

Continue reading "Lowell Massachusetts Man Charged With Assault And Battery On A Child And Related Charges After Allegedly Biting A Three Year Old Boy" »

A Salem Massachusetts teenager is being held in the Essex County jail where he will remain for up to ninety days without the possibility of being released on bail, following a "dangerousness hearing" in the Salem Superior Court. According to The Salem News, eighteen year old Michael Ehlert was held following testimony from a seventeen year old special needs student who described what the judge called a "fairly vicious beating." According to the paper, Judge John Lu stated that he believed that it is "reasonable" to believe that Ehlert might follow through on his threat to slit the throat of the complaining witness and have his mother sexually assaulted if he is released. Testimony of this alleged intimidation was a factor Lu relied on in concluding that there were no terms of release that would protect the safety of the boy, his mother or the public at large.

The witness testified that after he left his house to buy cigarettes at the store, Ehlert and a co-defendant dragged him into a Marblehead cemetery and beat him. Defense counsel highlighted inconsistencies between the teenager's initial statement to the police and his "official" version given nine days after the incident. Despite pressing by counsel, the witness maintained that the relationship between Ehlert and himself was limited to interaction at the town's skateboard park with mutual friends. Ehlert and eighteen year old Michael "Tampa" Leoni are facing charges that include robbery, assault and battery, and witness intimidation. Ehlert's twenty-two year old brother is facing a charge of witness intimidation. It is alleged that the made phone calls to the witness following Michael Ehlert's arrest.

Based on the facts in this case it appears that a thorough pre-trial investigation must be conducted to determine the motive for the complaining witness to change his story. Massachusetts General Laws 268 § 13B states that the crime of witness intimidation requires proof that (1) an individual was a witness in a stage of a criminal proceeding, and that the defendant (2) willfully endeavored or tried to influence the witness, (3) did so by means of intimidation, force, or threats of force, or the offering of inducements, and (4) did so with the specific intent of influencing the witness. Based on Massachusetts case law, it is not necessary that charges be lodged at the time of any alleged intimidation. "Any stage of a criminal proceeding" may encompass actions committed by a defendant before the police was called or the alleged crime was reported. For example, the authorities often charge a defendant with "intimidation of a witness" when a complainant alleges that the defendant took his or her phone in an effort to prevent the reporting of a crime.

Continue reading "Essex County Superior Court Judge Holds Marblehead Teenager Without Bail Following "Dangerousness Hearing"" »

Actor Charlie Sheen has been arrested and charged with menacing a deadly weapon, second-degree felony assault and criminal mischief. According to The Aspen Daily News, upon conviction, felony menacing usually carries a potential sentencing range of one to three years in prison, and second-degree assault usually carries a range of two to six years in prison. Criminal mischief in Colorado does not include a mandatory minimum prison sentence upon conviction.

Sheen's arrested was prompted by a 911 call to the police from his wife Brooke Mueller. According to reports, an argument began when Meuller informed Sheen that she wanted a divorce and custody of their twin boys. Mueller claimed that Sheen grabbed her by the upper neck and threatened her with a knife. It has been reported that Mueller had high levels of alcohol in her system at the time she made the report. As we all know, there are two sides to every story. Sheen denies his wife's allegations. This type of case is categorized as a case of "domestic violence." When police are called to a residence because of an allegation of "domestic abuse" usually one of the parties is arrested and it is usually the man.

If you have been arrested and charged with a crime of domestic violence you must have an experienced Massachusetts defense lawyer on your side. In most circumstances, the police advise the complaining party of his or right to have a civil restraining order. The standard for the issuance of a restraining order is low. Although a restraining order is a civil order, criminal charges may issue if there an allegation that the restraining order has been violated.

If you have been charged in a case of "domestic violence," developing a strategy and conducting a complete investigation must take place early. Based on the facts of the case it is often important to document and/or photograph any injuries to the defendant, interview witnesses and take pictures of the scene in order to mount a successful defense.

Continue reading "Actor Charlie Sheen's Arrest Stems From Domestic Dispute" »

A stop for what police believed would be a routine drunk driving arrest resulted in a Lawrence man, Silver Dubon, being arrested on outstanding warrants for threats, assault and battery and attempted murder. Dubon was initially pulled over on route 110 in Lawrence and charged with speeding, failure to use care in stopping, a marked lanes violation, driving without a license and operating under the influence of alcohol. According to The Lawrence Eagle Tribune, after the police determined the identity of the driver, he faced additional charges. Reports indicate that the outstanding warrants relate to a case of alleged domestic violence dating back to 2008. Although all of the facts of the case are not known at this time, the Tribune reports that over one year ago Dubon allegedly had an argument with his wife that escalated into a physical fight.

In Massachusetts operating under the influence of alcohol and assault and battery are considered misdemeanor offenses. Assault and battery by means of a dangerous weapon and attempted murder are felonies. A charge is a misdemeanor when the most that a defendant could be sentenced to is a committed sentence in jail or in the house of correction. If the potential penalty for a crime is committed time in state prison then the offense is considered a felony.

If you have been charged with a crime you should have an experienced Boston defense attorney on your side. If you are facing charges in Peabody, Lowell or Lawrence having a local defense lawyer on your side can make a big difference in the outcome of your case. In cases where a defendant is charged with "domestic violence" a 209 A civil restraining order is often sought by the complaining witness. Although the order itself is civil, a criminal charge may issue if there is an allegation of a violation of the order. Thus, preventing the issuance of the order by having an attorney present your side of the case is crucial.

Continue reading "Lawrence Massachusetts Man Arrested For Drunk Driving Faces Old Charges On Outstanding Warrants" »

Angel Mejia, a Lawrence Police Detective, was arrested and charged with assault and battery on his sixteen year old daughter. According to The Lawrence Eagle Tribune, Mejia had a confrontation with his teenage daughter when he caught her attempting to sneak into the house at 5:45 a.m.. It is alleged that Mejia pushed his daughter onto the pavement, where she struck her face and suffered bruises and scrapes. It has been reported that the Detective also pushed her against the garage door and the refrigerator. This type of case is often categorized as a case of Domestic Violence and taken very seriously by prosecutors and the court system. Due to the fact that Mejia routinely works with prosecutors in the Lawrence District Court the case has been specially assigned to an Essex County Assistant District Attorney usually assigned to the Peabody District Court. The Detective was released and ordered to abide by any conditions ordered by the Department of Children and Family Services. Mejia is currently scheduled to return to court on December 21, 2009. The Tribune did not indicate whether the sixteen year sought a 209A restraining order against her father.

Based on the facts in this case, the defendant is likely charged with three counts of assault and battery by means of a dangerous weapon. If convicted for assault and battery by means of a dangerous weapon in Massachusetts, a defendant can be sentenced to up to two and one half years in jail on each count or up to ten years in state prison on each count. Here, the "dangerous weapons" would be the pavement, garage door and refrigerator. An object may qualify as “dangerous weapon,” within the meaning of statute either because it is dangerous per se, as an instrumentality designed and constructed to produce death or great bodily harm, or because it is used in dangerous fashion. Although a refrigerator, pavement or garage door are not "dangerous per se", if they are used in a "dangerous fashion" they may be considered a dangerous weapon in Massachusetts. Some examples of objects that have been found to be dangerous weapons in Massachusetts that would not ordinarily be one are: pavement, sneakers, rings and a lighted cigarettes.

Continue reading "Lawrence Police Officer Charged With Assault And Battery On His Teenage Daughter" »

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.

Continue reading "Twenty-Six Year Old Man Robbed And Beaten In Lawrence Massachusetts" »

The Lowell Sun reports that, a local teacher has been charged with assault by means of a dangerous weapon. The paper reports that the defendant allegedly intervened in a family fight between her husband and his brother who were in a heated argument. One of the individuals was reportedly holding his twenty two month old son at the time of the incident. The teacher plead not guilty in the Lowell District Court and was released on personal recognizance.

Although all of the facts are not known at this time, in these types of situations a defendant may have a viable claim of self defense or a claim of defense of another. In Massachusetts, a person is allowed to use reasonable force in self-defense when this is necessary to protect herself from physical harm. And therefore it is not a crime to strike at another person if this is done in reasonable self-defense. Similarly, an person can also use reasonable force to protect another from physical harm.

In Massachusetts, in addition to proving the elements of the crime beyond a reasonable doubt, the Commonwealth must also prove beyond a reasonable doubt that the defendant was not acting in self defense. In order to prevail the government must prove that one or more of the following three requirements are absent:

First: For the defendant to have acted in self-defense, she must have reasonably believed that she was being attacked or was immediately about to be attacked, and that her personal safety was in immediate danger; and

Second: For the defendant to have acted in self-defense, she must have done everything that was reasonable in the circumstances to avoid physical combat before resorting to force;

Third: For the defendant to have acted in self-defense, she must have used no more force than was reasonably necessary in the circumstances to defend herself.

When a case involves a fight between family members it is often categorized as a case of domestic violence. Often, the prosecutor and the police recommend that the alleged victim obtain a restraining order. If you have been served with a restraining order you should contact an attorney to try to prevent the extension of the order. Although a restraining order is a civil order, if the complainant reports a violation you can be charged with a criminal offense.

Continue reading "Lowell Massachusetts Elementary School Teacher Charged With Assault By Means Of A Dangerous Weapon " »

According to The Lowell Sun, police responded to a report of domestic violence and encountered a "possibly suicidal woman" threatening to use a weapon against them. Apparently, concerned for their safety, a Chelmsford Police Officer shot her in the leg after she "demonstrated actions" that caused the officer to believe that he was in peril. The Sun reports that the police repeatedly asked her to come out of the woods with her hands up and she allegedly responded that she had a gun and was going to shoot the officers.

In Massachsuetts, initial repsonse to domestic violence calls often result in an arrest of one party that is often charged with assault, assault and battery and threats to commit a crime. The complaining party is also usually informed of his or her right to apply for a temporary restraining order. In order for a judge to approve a temporary restraining order the complaining party must present facts that demonstrte that he or she is in reasonable fear of imminent physical harm. Usually, only the side of the person requesting the order is presented to the judge.

However, after the defendant is served with a copy of the order, there is a hearing relative to the extension of the order that generally takes place within a week or so. At this time, the defendant can appear in court and fight the extension of the order. It is important to have an experienced Massachusetts defense attorney on your side to argue against the extension of this order. Although a restraining order itself is civil, if you are accused of violationg a restraining order you could face the possibibility of spending time in jail.

Continue reading "Chelmsford Police Responding To Domestic Incident Shoot Woman In The Leg" »

A local defense attorney, Robert LeBlanc of Methuen, pleaded not guilty a charge that he committed an assault and battery on another attorney in the lobby of the Lawrence District Court. According to The Lawrence Eagle Tribune, a district court judge ordered LeBlanc to refrain from "avoidable and intentional" contact with a fellow female attorney. LeBlanc is accused of "bearhugging" the attorney on November 18, 2008, almost one year ago. The complaint issued following a clerk's hearing.

The Massachusetts Courts have held that assault and battery is the intentional and unjustified use of force upon the person of another, however slight, or the intentional doing of a wanton or grossly negligent act causing personal injury to another. See, M.G.L. 265 § 13A. If convicted for this offense, a defendant faces a maximum penalty of up to two and one half years in jail or imposition of a fine of up to $1,000.00.

Depending on the facts of the case, a defendant may claim that any touching was unintentional, that the complaining witness consented to the touching or any contact was in the course a defendant defending himself or herself or in defense of another. Recently, in Brighton District Court Attorney Kathleen McCarthy secured a not guilty verdict for a defendant in a case where the complaining witness, girlfriend, claimed that he struck her and their child. Attorney McCarthy successfully presented a self-defense case that resulted in an acquittal for the defendant.

Continue reading "Essex County Defense Attorney Faces Charges Of Assault And Battery In Woburn District Court" »

Twenty-three year old Fidel Sena, from Peabody Massachusetts, has been arrested and charged with assault and battery by means of a dangerous weapon causing serious bodily injury on a fifty-three year old man. According to The Salem News, Salem police officers responded to a report relative to a fight involving the use of baseball bats. When the police arrived at the scene the fifty-three year old victim was lying on the ground. He was eventually transported to the Salem Hospital for treatment. A witness provided the police with a license plate number and description of the alleged perpetrator. According to reports, witnesses were brought to where the police pulled over the car and they identified Sena as the perpetrator.

In Massachusetts, in order for the Commonwealth to prove assault and battery it must prove that a defendant touched another person without consent. Assault and battery is considered a misdemeanor in Massachusetts because the maximum sentence is a commitment to jail or a house of correction and not state prison. However, the charge of assault and battery by means of a dangerous weapon is a felony because the potential punishment is a commitment to state prison.

If you have been charged with a crime in Massachusetts, you must have an experienced defense attorney on your side. Although all of the facts of this case are not known at this time, filing a motion to suppress the identification of the defendant may be appropriate because it appears that the police brought the witnesses to the suspect for a one on one show up identification. In these types of case, pre-trial motions requesting the circumstances surrounding the identification of the defendant as the perpetrator should be filed to determine the viability of filing motion to suppress the identification of the defendant as the perpetrator.

Additionally, if you have been charged with domestic assault and battery a qualified defense attorney is important to ensure that all of your rights are protected. In the event that a complaining witness applies for a restraining order and you are notified of a hearing relative to the issuance or extension of a restraining order, you must have an experienced Boston area domestic violence attorney on your side. You must be informed of all of your rights and options to avoid making statements and giving testimony at a restraining order hearing that may be used against you at trial or be the grounds for additional charges issuing against you.

Continue reading "Peabody Massachusetts Man Charged With Assault And Battery By Means Of A Dangerous Weapon And Related Charges" »

Twenty-two year old Anthony Merrill of Lynn Massachusetts is charged with assault with intent to murder and assault and battery by means of a dangerous weapon relating to a stabbing that occurred in Hammond Park in Marblehead. According to The Salem News, Merrill approached a Salem Massachusetts man from behind and stabbed him. A witness reported observing an individual in the park prior to the assault with two shiny objects. It has been reported that Merrill had two steak knives in his hand when he approached the victim. Initially the victim believed that he had been struck by a rock and chased after his assailant. The victim's friend alerted him to the fact that he had a knife sticking out of his back. Two bloody steak knives were confiscated from the scene. It is believed that the attack was unprovoked. Following his arraignment in the judge ordered that the defendant be held on $25,000.00 cash bail. The defendant was identified based on witness descriptions and photographic identifications made by witnesses.

Based on the facts of this case, it seems that a viable defense is that the defendant has been mistakenly identified as the culprit. In Massachusetts, presenting a defense of mistaken identification can be successful in situations, such as this one, where the defendant was not identified until a period of time passed and it does not appear that the parties knew one another. Furthermore, the fact that this incident took place at night could strengthen the defendant's position that he has been misidentified.

A successful Boston area defense attorney would likely file a pre-trial motion requesting that the Commonwealth disclose the details of any and all identification procedures. After gathering this information a decision must be made relative to whether a motion to suppress the identification of the defendant as the perpetrator should be filed. The grounds for this type of motion often include that the identification of the defendant was unduly suggestive either by the conduct of the police or the circumstances under which the identification was made. If the Court allows the defendant's motion then the out of court identification is suppressed. At this point, the Commonwealth must demonstrate that any in court identification is based on a source independent from the tainted prior identification. In most cases, when the identification of a defendant is suppressed the case would be dismissed.

Continue reading "Lynn Massachusetts Man Held On High Bail Faces Charges Stemming From A Stabbing In A Marblehead Park" »

The Salem News reports that forty-eight year old Peter Postell from Salem Massachusetts will be spending the next six months in jail for shoving a neighbor that Postell had been ordered to stay away from. Postell was two weeks away from completing his probation for a harassment conviction. His terms of that probation included that he have no contact with neighbors who were the target of the harassment. Earlier this week in a hearing conducted in Salem District Curt the neighbor testified that as he tried to avoid making eye contact with PostellPostel as he came down the street but Postell came up and shoved him. According to reports, the defense suggested that the timing of the allegations were suspicious due to the fact that Postell was expected to move in next door to the complaining neighbors after the probationary term ended. A District Court Judge did not buy the argument and Postell was sentenced to six months in jail.

In Massachusetts, ordering a defendant to have no contact or to stay away from alleged victims or complainants is a common term of probation. Crimes in which this type of order is often imposed includes circumstance in which a defendant is charged with domestic assault and battery, assault and battery, trespass, violation of a restraining order, threats and harassment. If you have been charged with this type of offense it is imperative that you have an experienced Boston area defense attorney on your side. In the event that the case is disposed of you must ensure that any imposed term of probation is reasonable and related to the crime charged.

In the District Courts of Massachusetts defendants do not ordinarily go to jail because of the initial charge. It is often when the probation department alleges that a term of probation has been violated that the defendant's liberty is in jeopardy. The probation department gives notice to the defendant that it believes he or she violated the terms of probation and a preliminary hearing is conducted. Depending on the facts of the case, the probation officer may request that a defendant be held in detention until the final surrender hearing. At the final surrender hearing the defendant has the opportunity to present his defense. The rules that apply during a probation hearing are more "relaxed" than those that apply at a trial. Although less stringent, any information must be credible and reliable. If you are facing a probation surrender hearing it is imperative that you have an experienced trial attorney at your side to ensure that your rights are protected and the probation department is made to sustain its burden of proof.

Continue reading "Salem Massachusetts Man Violates Court Stay Away Order And Lands In Jail" »

Thirty-two year old Lawrence Massachusetts man Jorge Guzman has been arrested and charged with assault and battery by means of a dangerous weapon, assault and battery on a household member, mayhem, assault and battery on a child under fourteen, and malicious damage to property over $250. The Lawrence Eagle Tribune reports that Guzman threw kitchen furniture around and eventually threw boiling water at his twenty-eight year old girlfriend, Aura Vasquez, and her young toddler. According to reports, Vasquez informed police that Guzman had been drinking and became jealous. An argument ensued that, unfortunately, became physical. Vasquez and her child suffered second and third degree burns on thier faces and other areas of their bodies. Vasquez is being treated at Massachusetts General Hospital and her daughter is at the Shriner's Hospital.

In Massachusetts, the defendant can be charged with assault and battery by means of a dangerous weapon because the boiling water is the alleged "dangerous" weapon. The case law in Massachusetts defines a "dangerous weapon" as an object that is "per se" dangerous, such as a gun or an object that can that is used in dangerous fashion. For example, a pencil would not be considered a dangerous weapon "per se," however, if it was used to poke or stab someone it would be considered a "dangerous weapon." If convicted of this offense a defendant can face up to ten years in state prison or two and one half years in jail.

Although all of the facts are not known in this case, it appears that this case stems from an incident of alleged domestic violence. In such cases, the police often inform the complaining witness of his or her right to apply for an emergency restraining order. If you believe that you are the defendant in a restraining order you should contact an experienced Massachusetts criminal lawyer. In order for a restraining order to issue the complainant must demonstrate that he or she is in reasonable apprehension of immediate physical harm. You must have an aggressive advocate on your side. If you are a defendant in a criminal case and receive notice of a restraining order hearing contact Attorney Kathleen M. McCarthy. There are many issues that must be considered such as whether it is prudent for you to speak at the hearing. In most district courts, the restraining order hearings are recorded. Thus, if you speak anything that you say could be used against during the criminal proceeding. It is imperative that you contact a Massachusetts domestic violence attorney to ensure that you understand the consequences of any actions that you take.

Continue reading "Lawrence Massachusetts Man Accused Of Assault And Battery With A Dangerous Weapon Charges Stemming For Alleged Domestic Violence" »

Forty year old Robert Manzi of Lawrence Massachusetts was arrested and charged in relation to the recent hold up of a convenience store. According to The Lawrence Eagle Tribune, Manzi is accused of using a hammer to effect the robbery. He made out with approximately $100.00. The police believe that Manzi is a suspect in other robberies.

The Tribune reports that Manzi is the brother of Methuen Mayor William Manzi. The Mayor explained that unfortunately his brother is a drug addict who is in need of some help. In a released statement the Mayor explained, "Too many families experience the pains and horrors associated with drug addiction and unfortunately that includes mine." Manzi will appear in the Lawrence District Court on August 5th and faces a hearing to determine whether he is a danger to the community.

Based on the facts of this case Manzi could face charges of armed robbery and/or assault by means of a dangerous weapon. The dangerous weapon in this case would be the hammer. In Massachusetts if a defendant is convicted for assault and battery by means of a dangerous weapon he or she faces the potential penalty of 10 years in state prison, 21/2 years in the house of correction, a fine of not more than $5,000 or both.

In order to establish that the object used is a "dangerous weapon" the Commonwealth must prove that the object is one capable of doing serious damage to the victim of the assault. See, M.G.L.A. 265 § 15A. An object does not have to be "per se" dangerous such a a gun.
In Massachusetts an ordinary item can be considered “dangerous weapons,” when it is employed in a dangerous manner. For example, even a pencil can be considered a dangerous weapon if it is used to poke or stab someone.

Continue reading "Lawrence Massachusetts Man Faces Criminal Charges Stemming From A Hold Up Of A Convenience Store Using A Hammer" »

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.

Continue reading "Lowell Massachusetts Man Faces Criminal Charges Of Assault And Battery On A Pregnant Woman And Illegal Possession Of A Firearm " »

According to The Lowell Sun, Darren Wilson from Lawrence Massachusetts faces criminal charges including mayhem, assault and battery causing serious bodily injury and two counts of assault and battery as a result of a fight in front of Jay's Food Market in Lowell Massachusetts. According to reports, Wilson and Domingo Sanchez engaged in a fight. During the fight Wilson, who was apparently losing, grabbed Sanchez's foot and twisted it "180 degrees" according to prosecutors. While Sanchez was laying on the ground, Wilson is accused of punching Sanchez in the head before leaving the area. Sanchez required surgery to repair his foot and is reportedly using a cane while experiencing constant pain.

Although all of the facts are not known at this time, it appears that the defendant may have a viable claim of self-defense. In Massachusetts, once a claim of self-defense is raised the Commonwealth must prove one of the following things beyond a reasonable doubt:That the defendant did not reasonably believe he was being attacked or about to be attacked; or That the defendant did not do everything reasonable in the circumstances to avoid physical combat; or That the defendant used more force to defend himself than was reasonably necessary in the situation. In cases where self-defense or defense of another is asserted it is often important to conduct extensive pre-trial investigation so that all favorable witnesses can be interviewed, located and summonsed to testify at trial If you are facing criminal charges and believe that you have a valid claim of self defense an expereinced criminal defense attorney is necessary to ensure that your side of the story is properly presented to the jury.

Continue reading "Lawrence Massachusetts Man Charged With Assault And Battery And Related Criminal Charges Following A Fight In Front Of a Local Store" »

A Salem Massachusetts woman, Kristen LaBrie, 37 years old, faced a judge in the Salem District Court and pleaded not guilty to charges that she committed attempted murder, assault and battery on a disabled person, wanton or recklessly permitting assault and battery on a child causing serious injury and child endangerment by withholding life saving chemotherapy treatment for her son. The Salem News reported that the Salem mom failed to fill prescriptions for and provide a liquid chemotherapy drug for her nine year old son who has since died.

During LaBrie's arraignement, the prosecutor stated that the authorities became suspicious when after being told to temporarily suspend the child's chemotherapy treatment because of the flu, LaBrie never followed up with the doctors to resume treatment. This conduct piqued the curiosity of the doctors. The Salem News reports that follow up revealled that multiple prescriptions for the child's medication had gone unfilled. LaBrie initially insisted that it must have been a mistake at the pharmacy however, it was later learned that the insurance company also had no record of paying for the prescriptions. The child ultimately died as a result of the cancer that the News reports was initially considered 90% curable.

In Massachusetts, the crime of simple assault and battery is considered a misdemeanor which is punishable by up to two and one half years in jail. See, M.G.L.A. 265 § 13A. The Massachusetts criminal charge of assault and battery on a child causing serious bodily injury is governed by M.G.L.A. 265 § 13J. If a defendant is found guilty of committing this criminal offense he or she can face up to five years in state prison and up to two and one half years in jail. For the purposes of assault and battery on a child causing serious bodily injury, anyone under the age of fourteen is considered a child. Furthermore, bodily injury is defined as follows:
". . . substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child's health or welfare."

Continue reading "Salem Massachusetts Woman Faces Criminal Charges Including Attempted Murder And Assault And Battery On Her Disabled Son " »

A crime reporter for the Boston Herald found himself on the other end of a story when he was arrested and charged with assault and battery on a person over sixty-five. According to the Lawrence Eagle Tribune, O'Ryan Johnson, 33 years old from South Boston, is accused of kicking seventy-four year old Kent White in the chest after he asked for assistance in a laundromat. Johnson faces up to ten years in prison if he is convicted to this felony.

In Massachusetts, a conviction for simple assault and battery is punishable by up to two and one half years in the house of correction. In order to prove this crime, the government must establish that that the defendant committed the intentional and unjustified use of force upon the person of another, however slight, or establish the intentional doing of a wanton or grossly negligent act causing personal injury to another, In this case, because it is alleged that the victim is over sixty-five years old, the charge is a felony instead of a misdemeanor. The difference between a felony and a misdemeanor is based on the potential sentence that a defendant faces upon conviction. In view of the the fact that a conviction for assault and battery can only result in a sentence to the house of correction, it is considered a misdemeanor. Conviction for assault and battery on a person over 65 carries the potential of a state prison sentence and is therefore a felony.

If you have been charged with any crime of violence in Massachusetts it is important that you have an experienced Boston defense attorney on your side from the beginning. Based on the facts of the case, it may be appropriate to conduct pre-trial investigation and file discovery motions to mount a successful defense. Depending on the circumstances, it may be appropriate to build a defense based on self-defense or defense of another. Recently, Attorney McCarthy secured a not guilty verdict in a domestic assault and battery case by successfully presenting a claim of self defense and defense of another, the defendant's minor child.

Continue reading "South Boston Man Faces Criminal Charges In Haverhill District Court Stemming From A Dispute In A Laundromat " »

Kuokwing Wu, 59 years old from Brooklyn New York appeared in Peabody District Court and plead not guilty to charges of indecent assault and battery on a child under 14. According to The Salem News, the 10 year old boy and his 13 year old brother were in a restroom in the mall near the food court when Wu reached over and pulled out the waistband on the 10 years old pants.

The boys promptly reported the incident to their mother who reported it to mall security. According to reports, the description given by the boys matched Wu who worked at one of the establishments in the food court. Wu was questioned by the police and a friend of his interpreted. According to the Salem News Wu maintained that he pulled at the boys shirt to show him that it was wet. The boys claimed that the shirt was dry. The defendant was held on $10,000.00 cash bail following a bail hearing in the Peabody District Court. Wu will return to Peabody to answer to the criminal charges next month.

A defendant charged with this type of offences, or any type of crimnal charge including assault and battery, must have an experienced criminal lawyer on his or her side to ensure a favorable outcome. In Massachusetts, a conviction for indecent assault and battery can result in incarceration and have collateral consequences of having to register as a sex offender. Depending on the facts of the case, the strategy developed early on by a Massachusetts criminal defense attorney can have an impact on the case. For example, in a case where the defendant gave a statement to the police a motion to suppress the statements is often a viable option. Before the police question a defendant who is in "custody" they must inform him or her of the "Miranda Rights." In short, the police must inform the defendant that he or she has a right not to speak with the police, has a right to have an attorney present for questioning, that if he or she cannot afford an attorney one can be appointed to him or her and that anything he or she states can be used against him or her in court.

In appropriate circumstances, an experienced Massachusetts defense attorney presents the argument that the defendant was in "custody" when questioned by the police and that he or she did not knowingly and intelligently waive these rights. Successfully suppressing an inculpatory statement can often result in removing a powerful piece of evidence from the Commonwealth's case.

Continue reading "Defendant In Peabody Court Faces Criminal Charges After 10 Year Old Claims He Pulled On The Waistband Of His Pants " »

The Salem News reports that a Salem Superior Court judge released Nicholas Pratt, 24 of Salem who is accused of shaking his infant son during a fight with the child's mother on Mother's Day. The prosecutor argued that Pratt was a danger and should remain behind bars however, Judge Timothy Feeley released him to live with his friend and employer.

According to reports, Pratt is charged with two counts of domestic assault and battery on his six month old son and his girlfriend. The baby was examined and found to have an injury to his eye. Apparently, there was an indication that the child suffered a previous skull fracture. Authorities do not know how or when that injury occurred. There is also an additional charge of intimidation of a witness. Depending on the facts of a case in which domestic assault and battery has been alleged, the charge of intimidation of a witness often stems from attempts that the defendant may have made to prevent the complainant from contacting the police.

Massachusetts General Laws Chapter 268 § 13B provides that witness intimidation requires proof that (1) an individual was a witness in a stage of a criminal proceeding, and that the defendant (2) wilfully endeavored or tried to influence the witness, (3) did so by means of intimidation, force, or threats of force, or the offering of inducements, and (4) did so with the specific intent of influencing the witness. In Massachusetts, the witness intimidation statute punishes anyone who willfully endeavors to intimidate a witness; it does not require that the intimidation be successful. An experienced Massachusetts defense attorney can challenge the prosecutor's case by establishing that the government fell short on proving any one of these elements beyond a reasonable doubt.

When facing charges of domestic violence in Massachusetts it is imperative that a defendant be familiar with the rules that govern the issuance of a restraining order. In order to apply for a restraining order a complainant must demonstrate that he or she is in reasonable apprehension of immediate physical harm. When there is a request for a restraining order and a hearing is going to take place while a criminal case is pending, a defendant should seek the advice of an experienced Massachusetts domestic violence lawyer before speaking at any hearing. Under most circumstances, any statements made by a defendant during a restraining order hearing can be used against him or her at trial. The decision whether to speak during this hearing in an attempt to prevent the order from issuing but risking providing the District Attorney with potentially damaging evidence is an important one. Making the wrong decision may affect the outcome of your criminal case.

Continue reading "Salem Massachusetts Man Facing Criminal Charges Including Assault And Battery And Witness Intimidation Released From Jail" »

The Lowell Sun recently reported that the police responded to downtown Lowell after receiving a report that an intoxicated customer at the new Village Smokehouse located at 98 Middle Street flashed a gun.

At approximately 10 p.m. a priority call dispatched cruisers to the downtown area and police spotted the intoxicated culprit walking down the streets with the gun in his hand. He was detained and arrested following an identification procedure. After confiscating the weapon, it was determined that it was a BB gun. The Sun reports that Eric Burke of Burlington was charged with assault with a dangerous weapon.

In Massachusetts, the potential penalty for a conviction for assault by means of a dangerous weapon is a maximum of five years in state prison or two and one half years in jail. There is no mandatory minimum for this charge therefore, in certain circumstances a case of this type can be disposed of without the defendant receiving a committed sentence.

The government can prove the crime of assault under two theories. The Commonwealth can prove the crime by either proving an attempted battery or by proving an imminently threatened battery. Intent to put another in fear or apprehension is element of immediate threatened battery category of criminal assault. Additionally, if an individual commits an act that places another in reasonable apprehension that force may be used he or she may be charged with this crime.

If you have been charged with assault, assault and battery, assault and battery by means of a dangerous weapon or any other crime, you must contact an experienced criminal trial attorney as soon as possible. Depending on the facts of the case the defenses of self-defense, mistaken identity or accident may be applicable.

Continue reading "Man Charged With Assault Dangerous Weapon In A Lowell Massachusetts Restaurant" »

According to The Lawrence Eagle Tribune, the driver of a minivan was robbed at gunpoint when he stopped at a stop sign in Lawrence Massachusetts. According to the police, after the driver came to a stop at the intersection, three armed men entered his van and stole a car stereo, global positioning system and earrings. After securing the items the thieves allowed the victim to drive away. The victim proceeded to the police station to report the crime.

Based on the facts in this case it appears that in addition to armed robbery culprits could also be charged with larceny of property valued at over $250.00 and assault when they are apprehended. A conviction for armed robbery provides for a punishment of up to life in state prison. If convicted for the felony of larceny of property valued at over $250.00 an individual may received up to two and one half years in the house of correction.

In Massachusetts, there are two theories of culpability for the crime of assault. The Commonwealth can prove the crime by either proving an attempted battery or by proving an imminently threatened battery. Following a trial on this type of charge, an experienced defense attorney should request that the jury slip reflect both theories and that the judge inform the deliberating jurors that in order to convict the defendant they must unanimously agree on the theory of culpability.

Relative to proving the crime, the Massachusetts courts have held that an act placing another in reasonable apprehension that force may be used is sufficient for the offense of criminal assault. However, generally speaking words threatening future harm are insufficient to constitute an assault. This "threatened-battery branch" of assault requires specific intent to put the victim in fear or apprehension of immediate physical harm. If the Commonwealth proceeds under the "threatened battery" prong, the government does not have to prove fear on the part of the victim.

If you have been charged with assault, assault and battery, a crime of domestic violence or any other crime of violence it is important that you contact an experienced Massachusetts defense attorney as soon as possible. Based on the facts of the case, it may be necessary to interview witnesses and begin mounting a defense while the facts are still fresh in people's minds.

Continue reading "Man Robbed When He Stopped At An Intersection In Lawrence Massachusetts" »

According to The Lowell Sun, 28 year old Michael Harmon from Framingham has been charged with a number of offenses stemming from a dispute in front of Charlie's Bar in Lowell. The paper reports that Harmon has previously been convicted as an accessory in a 2001 murder

In Lowell Superior Court earlier in the week Michael Harmon pleaded not guilty to charges of armed assault to murder, assault and battery causing serious bodily injury, carrying a firearm without a license, possession of a firearm without a firearms-identification card and illegally possession of ammunition. He has been held without bail since his arrest in March after a judge sitting in an Essex County District Court held that he was a "danger to society."

The Sun also reported that the police claimed that they were called to an area outside of the bar in the early morning hours for a "fight and possible shooting." Upon responding the police found Michael Nickerson, 30, of 53 James Ave., Tewksbury, on the ground and bleeding from an apparent gunshot wound. It is reported that Nickerson survived and he and a witness identified Harmon as the shooter. It is also alleged that Harmon admitted being in a fight but denied involvement in the shooting.

If you have been accused of committing any crime of violence, it is critical that you have an experienced Massachusetts trial attorney on your side from the beginning of the case. Your liberty is at stake from the bail hearing through disposition of the charges. For example, District Attorney's Offices have been moving to have defendants held pursuant to M.G.L.A. 276 § 58A. This statute provides that a defendant can be detained prior to trial for certain felonies or offenses that involves a substantial risk that physical force against another may result. Generally, the Commonwealth must have the hearing within three days from the time that they request such a hearing. Therefore, you must have a knowledgeable defense attorney on your side from the beginning.

Additionally, penalties that can be imposed following conviction for most felonies are substantial. For example, a conviction for armed assault with intent to murder can carry up to twenty years in state prison. Convictions for assault and battery by means of a dangerous weapon and unarmed assault with intent to murder have a potential penalty of up to ten years in state prison.

Continue reading "Lowell Massachusetts Man Charged With Assault With Intent To Murder And Firearm Offenses Stemming From A Fight In Front Of A Local Bar" »

According to The Lowell Sun, Brian Ganley from Lowell has been arrested and charged with domestic assault and battery and assault and battery on a child causing bodily injury. The Sun reports that Ganley was arrested after police responded to a call for domestice violence. When the officers arrived they observed Ganley's girlfriend, who is also mother of his children, with a swollen face. Upon questioning by the police, Ganley's girlfriend told the police that he hit and choked her when she questioned him relative to why their two month old daughter had a swollen lip. The infant was initially taken to Saints Memorial Hospital then to a Boston Hospital for treatment. Although the injuries are described as severe, the child is expected to survive.

The defendant was held and is expected to face a "dangerousness hearing" in Lowell District Court. M.G.L.A. 276 § 58A allows the Commonwealth to move for pretrial detention or release on conditions for certain felony offenses that involve the use of force or threatened force and/or an offense that by its nature involves a substantial risk that physical force against the person of another may result. The Massachusetts Supreme Judicial Court recently ruled that the charge of unlawful possession of a firearm, in and of itself, does not provide sufficient grounds to move for pre trial detention.

In Massachusetts, in situations involving domestic violence, the police often inform a complainant that he or she has the option of applying for a restraining order. Although a restraining order is a civil order, an alleged violation of such an order can result in criminal charges against a defendant.

If you have been charged with a crime of domestic violence and/or domestic assault and battery you should contact an experienced trial attorney as early in your case as possible. In the event that the complainant seeks a restraining order it is imperative that a successful defense attorney who is knowledgeable in this area of the law presents your position and opposes the issuance of the order.

Continue reading "Lowell Man Charged With Domestic Assault And Battery Faces A Dangerousness Hearing " »

The Salem News reports that James Chouinard of Peabody Massachusetts was arrested and charged with three counts of assault by means of a dangerous weapon. According to reports, the police responded to an apartment located in Peabody Massachusetts after Chouinard's sister requested that he be "checked on." Apparently, he called his sister and informed her that he "took" a lot of pills. When the police arrived, the authorities claim that Chouinard would not let them in and waved a sword at them. He was charged with three counts of assault by means of a dangerous weapon. The Salem News reported that he was transported to the Salem Hospital for a psychiatric evaluation.

In Massachusetts, assault by means of a dangerous weapon is a felony. See, M.G.L. Chapter 265 section 13A. If a defendant is convicted for assault by means of a dangerous weapon in the Superior Court, he or she can receive a sentence of up to five years in state prison. If he is convicted in a district court he or she faces up to two and one half years in jail.

To prove this offense, the government must prove an assault and that it was committed with the use of a dangerous weapon. The prosecution can prove that the defendant's actions was an attempted battery or was an immediately threatened battery. Under the first theory, the Commonwealth must prove that the defendant intended to commit a battery and came reasonably close to doing it. Under this theory of assault, it is not necessary for the Assistant District Attorney to prove tht the victim was put in fear or was even aware of the attempted battery. The second form of assault is commonly referred to as a "threatened battery." Here, the prosecutor must prove that the defendant intended to put the victim in fear of an imminent battery and committed an act which the victim reasonably perceived as an imminently threatening battery.

The aggravating element in this crime is that the assault was committed with a dangerous weapon. The dangerous weapon does not have to be a gun, knife or other item that is commonly believed to be a weapon. Any object can be a weapon if it has the apparent ability to inflict harm. Cigarette lighters, shoes, and even a pencil may be considered a dangerous weapon in the appropriate circumstances.

If you are charged with simple assault, assault by means of a dangerous weapon, assault and battery by means of a dangerous weapon or any violent offense it is imperative that you contact an experienced defense attorney as early as possible. In order to successfully defend against these types of crimes. It is important to have a trial attorney on your side early in the case.

Continue reading "Peabody Massachusetts Man Charged With Assault By Means Of A Dangerous Weapon" »

According to The Lawrence Eagle Tribune, the police responded to Woodland Avenue in Salem Massachusetts on a report of a domestic dispute. According to the paper, Jake Wells, 32 years old called the police and reported that his father, John Wells, threatened him with a chain saw. When the police arrived they saw the elder Wells on the front porch holding a chain saw that was running. John Wells initially refused to drop the "weapon" however, eventually succumbed and was placed in custody. The paper also reports that the son went after the police and was also arrested. The elder is free on bail and junior will be summonsed to the District Court.

Based on these facts it appears that the John Wells will likely face charges of assault by means of a dangerous weapon, assault and battery on a police officer and resisting arrest. His son will likely face assault and battery on a police officer and resisting arrest. As in most cases where the police respond to a home on a report of "domestic violence," it is also likely that the parties will be informed of their rights to apply for a restraining order.

The authority for the issuance of restraining orders is derived from M.G.L. ch. 209A §3. Not just anyone can apply to the District Court for a restraining order to issue. The parties must be a "family" or "household member" and the applicant must feel that he or she is abused. Family or household members are people who are or were married to one another, people who are or were residing in the same household, are or were related by blood or marriage, have a child together or who are or were in a substantive dating or engagement relationship. “Abuse” has been defined as attempting to cause or causing physical harm, placing another in fear of imminent serious physical harm and causing someone to engage in sexual relations involuntarily by force, threat or duress.

Continue reading "Salem Massachusetts Father and Son Arrests Stem From A Domestic Dispute" »

According to The Lowell Sun, the police are searching for Dennis King, 25 years old, from South Lowell Massachusetts for shooting a pregnant woman who was inside of her Lowell apartment. Although the police have not released the victim's name, the paper reports that the police responded to reports of gunfire and found the woman inside of her apartment. The pregnant woman was shot in the chest and the right shoulder. According to reports, there is an arrest warrant for King who faces three counts of armed assault with intent to murder and aggravated assault. It is believed that the gun has not been recovered by the police. The woman and the unborn child are currently listed as in stable condition in a Boston Massachusetts hospital.

The Sun also reports that King was arrested in January and charged with driving with a suspended license and giving a false name and Social Security number to police. According to reports, King has also previously been arrested for domestic assault and battery.

If you have been charged with a violent crime including assault and battery, assault and battery by means of a dangerous weapon, possession of a firearm or any crime related to domestic violence, including violating a restraining order, it is imperative that you contact an experienced Massachusetts defense attorney as soon as possible. Convictions for violent crimes can result in incarceration for up to life or twenty years in prison. Convcitions for certain possession of firearm offenses may result in a minimum mandatory sentence of eighteen months. Depending on the circumstances, such as if the gun is loaded, a defendant may face two consecutive eighteen month mandatory minimum sentences. Developing a defense of mistaken identify or filing appropriate pretrial motions to suppress or dismiss are steps that must be taken early on in a case.

Continue reading "Lowell Massachusetts Man Sought In The Shooting Of A Pregnant Woman" »

A Lawrence Massachusetts man was arrested last week and charged with two counts of assault and battery on a child under fourteen and assault and battery on a child under fourteen years old and assault and battery by means of a dangerous weapon. According to The Lawrence Eagle Tribune, the police allege that Amaruys Guzman of Lawrence beat his nine year old son and his ten year old daughter with a phone charger chord.

According to reports, the police were called to a South Lawrence East School to investigate a child abuse complaint. Apparently, the two siblings fought over a toy car that the brother returned with from a local park and claimed that it was given to him by a friend. His sister told him that he had to return the toy. The children were struck with the wire cord after the stepmother called their father home to deal with the situation.

In Massachusetts, the charge of assault and battery is a misdemeanor and if convicted, a defendant can face up to two and one half years in jail. However, the crime of assault and battery upon a child that causes bodily injury is a felony and if convicted a defendant faces up to five years in state prison or up to two and one half years in jail. The crime of assault and battery by means of a dangerous weapon is also a felony with the potential penalty of up to ten years in state prison or up to two and one half years in jail. These types of crimes are considered violent crimes against a person.

If you are charged with any type of assault and battery in Massachusetts, you must contact an experienced defense attorney as early as possible. Depending on the facts of the case, the defenses of self-defense and defense of another are often viable defenses. Also, depending on the circumstances, an experienced Massachusetts trial attorney can demonstrate that a defendant was improperly identified as the perpetrator. This is commonly referred to as a "case of mistaken identification."

Continue reading "Lawrence Massachusetts Man Charged With Assault And Battery On His Children" »

According to The Salem News, Rafael Lugo, 21 years old from Salem Massachusetts has been charged with six counts of assault and battery and five counts of assault and battery with a dangerous weapon. A warrant for Lugo's arrest issued after police said some students at Salem High School witnessed him repeatedly slam his girlfriend's head into the steering wheel of a car as she held their 1-year-old daughter. Coincidentally, on the day of his arraignment for these charges, Lugo was also due in court for a pretrial hearing that related to a previous domestic abuse case involving the same parties. It has been reported that the teenage victim, a special needs student at the school, and her mother are both saying, "It's not that big a deal," according to Lugo's attorney.

Despite the fact that the court did not issue a restraining order due to the fact that the victim claimed that she was not in fear of Lugo, the judge revoked his bail in the pending case and set additional bail of $5,000 on the new charges. Additionally, the Salem News reported that the police filed a report with the Department of Children and Families. Lugo's next scheduled court date is May 11th.

As with all cases, there are two sides to every story. The News reported that Lugo's attorney maintained that his client, who was previously slashed on the face at a nightclub said the incident on Wednesday was provoked by the woman biting him on the face, near where he was stabbed.

In this case, as in many cases of assault and battery, it appears that a reasonable defense would be self defense. In Massachusetts an individual can assert self defense and the government must the elements of assault and battery beyond a reasonable doubt AND prove beyond a reasonable doubt that a defendant did not act in self defense.
For the defendant to have acted in self-defense, he or she must have reasonably believed that he or she was being attacked or was immediately about to be attacked, and that his or her personal safety was in immediate danger; and he or she must have done everything that was reasonable in the circumstances to avoid physical combat before resorting to force. Furthermore, for the defendant to have acted in self-defense, he or she must have used no more force than was reasonably necessary in the circumstances to defend himself or herself.
These elements also apply when a defendant is claiming that he or she was acting to defend another person.

Every case must be looked at individually to determine what type of strategy should be applied. Also, when preparing for trial an experienced Massachusetts defense attorney will also check to see if there was an application for a restraining order filed and what the victim alleged on the affidavit.

Continue reading "Salem Massachusetts Man Charged With Domestic Assault and Battery" »

According to the Boston Globe, Wellesley Massachusetts native Margaret Greer's simple task of picking her husband up at Logan Airport turned ugly when she refused to move her Mercedes Benz from the bus lane. The Globe reported that Greer was told to move along as she waited for her husband at Logan Airport. Police say that she did not go quietly and ended up in East Boston District Court charged with assault and battery on a police officer, assault and battery by means of a dangerous weapon and failing to stop for a police officer.

Sergeant Danial Wildgrube approached Greer's car and told her she would have to move because she was obstructing traffic in a bus lane. According to Wildgrube after he made that request, Greer ignored him. A confrontation ensued where the police claim that Greer gunned her engine and sped off, clipping him with her side mirror and forcing him to leap out of the way.

Greer's account of the events is at odds with that of the police. At her arraignment, her attorney entered a plea of not guilty on her behalf. A preliminary hearing is set for May 13th. Greer's attorney maintained that she is, ". . . a highly respected member of the community and has pled not guilty to all allegations," The attorney maintained that, "There are two sides to every story, and we strongly contest the facts as presented by the Commonwealth and look forward to presenting our side of the story. It's very upsetting and traumatizing to her. . . . Anyone who has picked up or dropped off anyone at the airport may understand there's two sides to the story." Suffolk District Attorney Daniel F. Conley said: "If a trooper asks you to move your car from a bus lane, you do it. . . . The trooper gave her every opportunity to do the right thing and she blew it. Now she's looking at a felony charge."

The Boston Globe also reports that following this incident, an individual identifying herself as "Matron" appeared on Craigslist and described herself as "a middle aged lady driving a silver van" and explained that she had, "an altercation with a Mass State Cop outside terminal B around 8:15 pm. According to the Globe, she gave a description of events seeking witnesses to what she described as State Troopers trying to get through her door and banging on her car.
There is no definitive evidence that Greer used the alias Matron on Craigslist seeking witnesses.

This incident exemplifies the old adage that there are two sides to every story. In this type of situation, it appears that Greer may have a viable defense of necessity and possibly, self-defense. The defense of necessity is also known as the “competing harms” defense. Asserting the necessity defense, “exonerates one who commits a crime under the ‘pressure of circumstances' if the harm that would have resulted from compliance with the law ... exceeds the harm actually resulting from the defendant's violation of the law. At its root is an appreciation that there may be circumstances where the value protected by the law is, as a matter of public policy, eclipsed by a superseding value....” The Massachusetts Courts only allow this defense in limited situations. In those instances where the evidence is sufficient to raise the defense of necessity, the burden is on the Commonwealth to prove the absence of necessity beyond a reasonable doubt. Here, Greer may be able to argue that she was placed in fear by the Trooper's behavior, which she viewed as unreasonably aggressive, and her only option was to leave the area.

Continue reading "Wellesley Woman Charged With Assault and Battery On A Police Officer And Related Offenses In East Boston District Court" »

According to The Lowell Sun, nineteen year old Brianna Cameron from Lowell Massachusetts was arrested after her boyfriend, twenty-one year old Zachary Ramsdell, told police that she stabbed him. The Police indicated that Cameron allegedly stabbed Ramsdell with a kitchen knife during an argument. Ramsdell was transported to Saints Medical Center in Lowell Massachusetts. Apparently, he suffered a cut to the left side of his torso and scratches on his neck and back. It is not believed that the injuries were life threatening.

Cameron was arraigned in the Lowell District Court and charged with assault and battery by means of a dangerous weapon. If the case remains in the Lowell District Court the potential penalty that Cameron will face is up to two and one half years in jail.

Based on the facts of this case, one possible defense that Camerson may assert is that she acted in self-defense. Although Cameron apparently did not have any visible signs of physical injury, that is not the only factor to be examined when this type of defense is asserted. In order to establish that an individual appropriately acted in self defense, the defendant must have reasonably believed that he or she was being attacked or was immediately about to be attacked, and that his or her personal safety was in immediate danger. He or she must also have done everything that was reasonable in the circumstances to avoid physical combat before resorting to force. Finally, for the defendant to have acted in self-defense, he must have used no more force than was reasonably necessary in the circumstances to defend himself or herself. Furthermore, in addition to the fact that the government must prove the elements of assault and battery by means of a dangerous weapon beyond a reasonable doubt, it must also prove beyond a reasonable doubt that the defendant did not act in self defense. The fact that the defendant did not have any physical injuries is not dispositive of whether he or she acted in self defense.

Continue reading "Lowell Massachusetts Woman Arrested For Allegedly Stabbing Her Boyfriend " »

Last week Lawrence, Massachusetts police were out looking for a 1990 Toyota Camry wagon. Lawrence officers had received information from Haverhill police that the two men in that vehicle may have been involved in the stabbing and assault of two Newburyport men earlier that same evening. Officers spotted the vehicle and found Joel Sabino and Angel Hernandez in the car with a pound and a half of marijuana. Both were immediately arrested and charged with possession of class D with the intent to distribute the substance and a school zone violation. Also found was a kitchen in Hernandez's possession. It was reported that the knife might have been the weapon used in the stabbing. Apparently Sabino had been arrested one week earlier on unrelated charges. Both Sabino and Hernandez tried to avoid apprehension when stopped by running. They were unsuccessful.

Read Story: Stabbing Incident Leads To Arrest, Drug Charges Of Two Lawrence Men

No charges relative to the stabbing have yet been filed. If charges do issue they will likely be either assault and battery by means of a dangerous weapon, assault with intent to murder or both. Both of these crimes are felonies and carry a maximum sentence of ten years in state prison. Assault with intent to murder in Massachusetts is controlled by G.L. c. 265 Section 15. Assault and battery by means of a dangerous weapon is prohibited by G.L. c. 265 Section 15A. If charged, these cases will be prosecuted in the Haverhill District Court. The drug charges are likely being prosecuted in the Lawrence District Court.

Continue reading "Lawrence Massachusetts Men Arrested On Drug Charges May Have Stabbed Haverhill Man Earlier" »

According to The Lowell Sun, Eric Sideri, owner of Angela's Coal Fired Pizza in Tyngsboro Massachusetts, is being held without bail after his arraignment in Lowell District Court. Sideri is charged with kidnapping and beating up a manager, Oliveira, whom he suspected stole $20,000 from the business. According to reports, after the restaurant closed on Saturday night, Sideri cornered Oliveira beating him up with a baseball bat and a stick. Sideri allegedly stuck a large gun in the manager's mouth and threatened to kill him if he did not answer questions about the missing money.

According to prosecutors, Oliveira claimed that he was taken to the restaurant's back door and shown "a white SUV with its tailgate open and blue tarp covered with trash bags inside." Sideri then allegedly told him, "I will kill you and nobody will know."

The defendant's attorney painted a much different picture of the events. The defendant claims that a confrontation occurred after Sideri confronted Oliveira about the missing money. Sideri claims that he acted in self-defense during the incident and that Oliveira fabricated the kidnapping and beating story to offset any charges that Sideri would file against him.

Following bail arguments by both sides District Court Judge Michael Uhlarik ordered that Sideri be held without bail. Sideri returns to the Lowell District Court on Thursday when a "dangerousness hearing" will take place.

Continue reading "Tyngsboro Restaurant Owner Facing Charges of Kindnapping and Assaut and Battery Ordered Held Without Bail In Lowell Massachusetts District Court" »

According to Times OnLine, Kanye West has been charged with a number of misdemeanor offenses as a result of his altercation with the paparazzi this past September at the Los Angeles International Airport. West's road manager was also charged with the same offenses. According to reports, the confrontation between the West camp and the paparazzi was recorded on tape by the popular gossip website TMZ.com. It is alleged that the video depicts West and his manager attempting to wrestle the camera from the photographers taking pictures. The pair apparently face charges for assault, theft and vandalism.

In Massachusetts, an indivdiual charged with a misdemeanor count of assault and battery could face up to two years in jail. In this state, theft is usually referred to as larceny. In order for the prosecutor to prove assault and battery he must prove that a person intentionally touched another person without that person's consent. Another, less utilized theory, requires that a Massachusetts District Attorney prove that the defendant acted negligently and that harm or injuries were suffered as a result of the defendant's actions.

Continue reading "Kanye West Charged With Misdemeanor Battery, Vandalism and Destruction of Property " »

According to The Lawrence Eagle Tribune Ed Manzi, 47, of 125 Windkist Farm Road North Andover Massachusetts was arrested and charged with attempted murder, assault and battery, possession of a firearm, malicious destruction of property, intimidation of a witness and related offenses as a result of an incident with his girlfriend, Catherine Lambert. Manzi teaches in Tewksbury Massachusetts and has been suspended from his position without pay as a result of these charges.

Before the altercation the pair and their baby were at Ipswich River Park when Manzi drove off without them. Manzi's attorney, Anthony Rozzi of Haverhill Massachusetts, maintained that Manzi left the park because Patricia was drinking alcohol in the park. According to the Tribune, when Lambert was packing Manzi's clothes in a basket he punched her in the face and then struck her in the head with a computer speaker and monitor. She ran to get her mother, Patricia Lambert, who was outside riding a horse.

According to court documents, Patricia Lambert reported that when she asked Manzi to give her the baby he punched her in the face knocking her to the floor. When she stood up, Manzi allegedly took a semi-automatic pistol from her pocket and hit her on the head with it. While hitting her, a live round ejected from the gun. Lambert claims that Manzi hit her on the head and pulled the trigger numerous times. After the gun misfired, Manzi left the area and discarded the gun on Boston Street.

The defense paints a much different picture of the incident. Attorney Rozzi claims that the defendant acted in self-defense. Rozzi maintains that Manzi client was upset because Catherine Lambert was allegedly drinking alcohol at the park. According to the Tribune, Rozzi said there was some pushing and shoving at the couple's apartment, but Catherine fell over their computer table and which caused her injuries.

Following the hearing the defendant was held without bail pending the outcome of a "dangerousness hearing" scheduled for March 23, 2009. During a dangerousness hearing the District Attorney's Office is expected to present evidence that Manzi poses a threat to the community and should be held without bail until the case is resolved. Based on the facts of this case, it appears that the defendant will begin to mount its claim of self-defense.

When an individual is charged with assault and battery, assault and battery by means of a dangerous weapon or any other violent offense, self-defense is often a viable claim. In Massachusetts, in order to receive a jury instruction on self-defense the facts must indicate that the defendant must have reasonably believed that he or she was immediately about to be attacked or that his or her personal safety was in immediate danger. The individual must also have done everything that would be considered reasonable to avoid physical combat before resorting to force and must use no more force that was reasonably necessary in the circumstance to defend himself or herself. If self-defense is properly asserted during the trial, the instruction will also indicate that the District Attorney must prove beyond a reasonable doubt that the defendant did not act in self-defense

Continue reading "North Andover Massachusetts Man Accused of Domestic Violence Asserts Self-Defense" »

According to the Lawrence Eagle Tribune, a North Andover man was arrested and charged with attempted murder, assault and battery with a dangerous weapon, assault and battery on a household member and illegal possession of a handgun. According to the paper, the defendant allegedly beat up his live in girlfriend then attempted to shoot her mother when she tried to protect her. It is also alleged that the defendant pointed a gun at the woman's mother however, the gun did not fire. It was reported that the police found a loaded semi-automatic weapon within blocks of the incident.

The woman was treated at the Lawrence General Hospital, located in Lawrence Massachusetts, for injuries as a result of the beating. She obtained a restraining order from the police. The defendant was arrested on a fugitive from justice warrant in New Hampshire.

If you have been the defendant in a restraining order it is important that you know your rights. The complaining witness must demonstrate to the judge that he or she has reasonable apprehension of immediate physical harm. The fear or apprehension must be reasonable and also must be rimminent. Initially, a temporary restraining order usually issues. The defendant is supposed to be served with a copy of the order and generally there is a court hearing within one week. If the defendant does not appear and the complainant requests a continuance of the order, the order is routinely extended. The order can be extended for up to one year at a time. Upon expiration of the order the complainant can request that it be continued, however the defendant has a right to be present.

If an individual is the recipient of a restraining order in Massachusetts, it is important that he or she reads all of the conditions. For example, some of the orders simply order that the defendant not "abuse" the complainant. Other conditions may provide that the defendant "stay away" from the complainant and sometimes children.

Continue reading "North Andover Man Charged With Attempted Murder In a Crime of Domestic Violence" »

A two count felony complaint issued charging rhythm and blues singer Chris Brown with assault and criminal threats on a person referred to as "Robyn F." "Robyn F." is believed to be fellow singer and girlfriend Rihanna. According to news reports, Brown briefly appeared in a Los Angeles Court House and the arraignment was postponed until April 6, 2009. It has been reported that an affidavit has been filed indicating that Brown repeatedly puncehd "Robyn F." and that during the altercation her mouth filled up with blood that spilled over into the car. Many sources reported that the physical altercation took place after Rihanna read a text message from a former girlfriend on Brown's phone. Although Rihanna was not in court it was reported that she did not want a restraining order to issue that would prevent Brown from contacting her.

As a result of the incident Rihanna apparently received serious injuries including bruises to her face. Rumors have been circulating that the couple may have recently become married. In Massachusetts one spouse cannot be forced to testfiy against another spouse. This is commonly referred to as the marital privilege. The privilege belongs to the witness and not the defendant. Therefore, if the victim wants to testify he or she can waive the privilege and the Commonwealth can call him or her to testify at trial. Furthermore, even if a witness invokes the marital privilege if there is other evidence that the state can present during a trial the case can still go forward.

In Massachusetts, cases involving domestic violence often are prosecuted without the cooperation of the alleged victim. The prosecution may collect evidence from other sources. For example, if a search warrant was executed, evidence [such as bloody clothing or in some cases weapon(s)] may have been collected to support the government's case. Also, the 911 tape may provide some evidence that the prosecution can use.

In Massachusetts, the use of the information on the 911 tape is not always admissible because the defendant has a right to confront witnesses. However, in certain situations the Massachusetts Courts have held that the state can use the tape. If you are facing criminal charges and the prosecution is attempting to use a 911 tape it is imperative that you contact an experience Massachusetts defense attorney to move to have the tape excluded from evidence. The exclusion of this evidence often destroys the Commonwealth's case and results in an acquittal or a dismissal.

Continue reading "Chris Brown Formally Charged With Two Felonies" »

The Vancouver Sun recently reported that singer Chris Brown was arrested and initially charged with making criminal threats. Brown was arrested and released after posting $50,000.00 bail. According to reports, Brown is also being investigated for domestic assault and battery and felony assault and battery.

Initial reports indicate that Brown and an "unidentified woman," suspected to be Rihanna, got into an argument that led to a physical altercation. The police responded to the area as the result of a 911 call for help. It is believed that Rihanna suffered physical injuries as a result of the incident.

In Massachusetts, if you are convicted of the misdemeanor assault and battery the maximum sentence that you can received is two and one half years in jail. In order to be convicted of assault and battery the District Attorney's Office must prove that you committed an intentional, unconsented to and unprivileged touching on another person. The government must prove that an individual committed an intentional touching of another person. Wanton and reckless conduct may substitute for the “intentional conduct” element necessary for the battery.

To successfully defend against assault and battery cases in Massachusetts, experienced defense attorneys often maintain that the defendant acted in self-defense or in defense of another at the time that he or she struck the victim. Another, strategy that many successful trial attorneys assert in Massachusetts is to present evidence proving that the defendant did not possess the intent necessary in order for the District Attorney's Office to get a conviction.

In Massachusetts, in order to prove threats, the District Attorney's Office must prove that an individual possessed an intent to threaten the victim but does not have to prove an intent to carry out the crime. Another unusual part of this crime is that in Massachusetts is that the actual receipt of the threat by the victim is not a necessary element of the crime.

Continue reading "Chris Brown Arrested And Charged With Threats And Assault And Battery" »

According to The Lawrence Eagle Tribune, a twenty-eight year old Lawrence man is accused of repeatedly whipping his step daughter on her back with a belt. As a result of the beating, the young girl developed welts on her back that were observed by a teacher and the school nurse. According to the paper, the child reported to the police that the beating occurred because she told her stepfather that she took $100.00 from her mother's wallet to buy a present for her teacher. The defendant was arrested and charged with assault and battery on a family member, assault and battery on a child under 14 causing bodily injury and assault and battery with a dangerous weapon. The defendant was arraigned in the Lawrence District Court and $1000.00 bail was set. Upon his release he is not to have contact with his stepdaugher.

The girl reported that she heard her mother tell her step father that he could have punished her in a different way. According to the paper, the girl stated that her mother treated her injuries with lotion. However, the mother told the authorities that she did not observe the injuries.

Continue reading "Lawrence Man Arrested For Domestic Assault and Battery and Related Charges" »

At approximately 7:30 pm on January 5, 2009, convicted murderer, Richard Sharpe from Gloucester, was found hanging from his bed sheets in his jail cell. According to the Boston Herald, Sharpe was found by his cellmate at MCI Norfolk. He was convicted of first-degree murder in the killing of his wife Karen in 2001. The Norfolk County District Attorney's Office is looking into the circumstances surrounding Sharpe's death.

Sharpe was convicted for the shooting death of his wife. The couple had been estranged for months before the incident. At trial, Sharpe claimed that he did not remember much about the killing that he committed in front of a number of witnesses, including family members. Sharpe's defense team unsuccessfully mounted a psychiatric defense.

During the defendant's trial in Norfolk County, details of the couple's marriage including cross dressing by the defendant and incidents of physical abuse were exposed.

Continue reading "Convicted Gloucester Murderer Found Dead In His Jail Cell" »

A jury acquitted a Brighton man of domestic assault and battery following a two day trial. The charges stemmed from an incident that occurred at the couples home on the evening of January 7, 2008. The police responded to the residence as the result of a 911 call to the police from the woman. After interviewing the parties, the defendant was arrested at the scene and charged with assault and battery.

The defendant maintained his innocence and the case went to trial in the Brighton District Court. The woman testified to a violent beating during which she claimed the defendant punched her, kicked her and pinned her against the wall. During cross examination, Attorney McCarthy exposed the fact that none of these details were relayed to the police on the night of the alleged beating. In fact, when the police responded the woman told them that the pair engaged in a shoving match over a dispute involving the discipline of their two year old son. The Commonwealth also introduced undated photographs of what they maintained were bruises on the woman's body as a result of the beating. Attorney McCarthy effectively diminished the effect of the photographs by pointing out that the woman's face was not in the pictures and the person that allegedly took the photographs failed to testify at the trial.

The defendant claimed that he was acting in self defense and in defense of his young child that evening. The defendant testified to the fact that the woman started an argument with him over the fact that he had lunch with another woman approximately three weeks earlier. He stated that the woman became enraged and struck the toddler prompting him to pick up the child and leave the room. The woman followed him from room to room while attempting to pull the child from his arms a number of times. When the defendant threatened to leave the apartment she called the police. Approximately one month after the incident the defendant initiated probate proceedings to get custody of his child. Following a two day trial the jury returned a not guilty verdict.

Continue reading "Brighton Massachusetts Man Acquitted of Domestic Assault and Battery " »

The Salem News reported that an eighteen year old was charged with two counts of rape, assault and battery and witness intimidation on a college student. According to the prosecutor, the pair left a party and went to the defendant's home when the incident occurred. At the arraignment it was represented that the defendant's sister and mother were home and did not hear anything. The defendant denies the charges.

In order to prove the defendant guilty of rape the prosecution must prove beyond a reasonable doubt that the defendant engaged in sexual intercourse with another compelled by force and against the complainant's will or compelled by threat of bodily injury. The term “threat" only requires that the threat cause fear reasonable in the circumstances so that it was reasonable for the complainant not to resist. The force used to accomplish rape does not have to be physical force.

There is well settled case law that relates to situations when there is a question relative to whether the complainant was compelled to engage in intercourse against her will. In Massachusetts, the fact that an individual obtained intercourse via fraud in the inducement does not constitute force necessary for rape. For example, the Supreme Judicial Court recently held that a rape did not occur where the defendant impersonated the complainant's boyfriend in order to engage in sexual intercourse, and the complainant believed that she was engaging in relations with her boyfriend.

Continue reading "Essex County Man Charge With Rape, Assault And Battery" »

According to The Lowell Sun an exotic dancer at a local strip club has been indicted on a felony assault charge for allegedly stabbing her boyfriend with a 10-inch kitchen knife. It was reported that the defendant stabbed her boyfriend following a night of drinking after they were informed that the boyfriend may face jail time on a drug related offense. The boyfriend suffered three stab wounds to the chest.

In Massachusetts if you are convicted for assault and battery by means of a dangerous weapon you can be sentenced to ten years in prison if you are convicted. In order to prove assault by means of a dangerous weapon the Government must prove that there be touching, however slight, that such touching be by means of the weapon, and that the battery be accompanied by use of inherently dangerous weapon, or by use of some other object as weapon, with intent to use such object in dangerous or potentially dangerous fashion. A knife or a gun would be considered an object that is inherently dangerous.

In addition to indicting for assault and battery by means of a dangerous weapon, the government often also charges assault with intent to murder in situations where it may be argued that the defendant possessd the specific intent to kill, and malice. A defendant charged with this offense faces the potential penalty of up to twenty years in prison.

If you have been charged, or may be charged, with one of this offenses it is imperative that you contact an attorney as soon as possible. Effective negotiations may result in being charged with the lesser of the two crimes. Furthermore, the sooner an experienced Boston area attorney becomes involved the sooner a successful defense can be mounted. Depending on the circumstances in your case a defense of self-defense, defense of another or maintaining that the identifying witnesses are mistaken in their identification of you as the perpetrator are strategies that must be pursued and developed early in a case. Call Attorney Kathleen M. McCarthy today if you are charged with these types of offenses and she will begin work on your case.

A judge ordered that a man be held on $50,000 cash or surety following his arraignment for allegedly assaulting his infant son. The man pleaded not guilty to the charges. According to the Lowell Sun the twenty five year old man struck his three month old son across his chest causing visible bruising. The police responded to the hospital after a babysitter brought the child to the hospital.

In Massachusetts, a person charged with the misdemeanor count of assault and battery faces up to two and one half years in prison or by a fine of not more than $1,000. Under Massachusetts law, assault and battery is the intentional and unjustified use of force upon the person of another, however slight, or the intentional doing of a wanton or grossly negligent act causing personal injury to another. An “assault” is an attempt or offer to do bodily harm to another by force or violence, or simply an attempt to commit a battery. If you are charged with assault or assault and battery it is imperative that you contact an attorney as soon as possible. It is critical to develop a defense early on in a case. Depending on the facts of the situation self-defense or defense of another are defenses that must be evaluated early on in the proceedings. If you wait too late, the opportunity to locate and interview witnesses with helpful information may disappear. Do not wait. Call Attorney Kathleen M. McCarthy to get to work on your defense right now.