Boston Criminal Defense Lawyer Blog

A twenty-eight year old Salem Massachusetts man, Michael Marino, will spend the next six years behind bars after pleading guilty to stabbing his mother's former boyfriend seven times. According to The Salem News, Paul Goodwin told the Superior Court Judge that this situation was the most "horrifying thing in [his] life." Goodwin wanted Marino to be sentenced to the maximum of thirty-five years, twenty years for the count of assault with intent to murder and fifteen years for count of assault and battery causing serious bodily injury. The prosecutor described the incident as a "brutal attack" and requested that the defendant be sentenced to a seven to ten year sentence. Superior Court Judge David Lowy imposed a six year sentence followed by a probation term when Marino is released from prison. Marino was ordered to participate in drug and alcohol counseling and attend an anger management class during his probationary period.

According to reports, the victim explained to the Judge that the defendant sliced his throat and then opened up his belly "like a fish." Apparently, Goodwin, [who had previously received a restraining order against his former girlfriend and mother of the defendant, Brault] went to Brault's mother's house after she had been kicked out. As Goodwin and Brault were speaking, Brault received a phone call from her son, Marino who appeared at the scene. An altercation ensued that left Goodwin with lacerations to his liver, lung and diaphragm and fighting for his life. Defense counsel explained that his client did not land the first blow and was not sure what to expect when he arrived at the scene. Counsel further explained that Marino was under the influence of Klonepin and alcohol. The struggle landed Marino in jail and Goodwin in the hospital.

In many cases where a defendant is charged with a violent crime there are a number of defenses to pursue. Obviously, the type of defense that is mounted depends on the facts of the case. For example, if a defendant was not identified at the scene and the accuser and the defendant are unknown to one another, a defense of misidentification should be evaluated. That type of defense would not make sense in a case such as this because the parties knew each other.

Although all of the facts of this case are not known, it appears that if the case went to trial a viable defense would be that Marino acted in self-defense. In cases in which a defendant claims self-defense the Commonwealth must prove that beyond a reasonable doubt that an assault and battery by means of a dangerous weapon occurred AND must prove beyond a reasonable doubt that the defendant did NOT act in self-defense. However, in cases of self-defense and individual has the obligation to retreat if possible and can only use as much force as is necessary to defend oneself. Thus, the fact that Marino introduced a knife into the struggle could be problematic to the claim of self-defense. In these types of cases the size of the individuals involved in the altercation can be important as a slighter person may need to use more force to protect himself from a bigger, stronger person.

Continue reading "Salem Massachusetts Man Sentenced To Six Years In Prison On Charges Of Assault With Intent To Murder And Assault And Battery By Means Of A Dangerous Weapon Causing Bodily Injury" »

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" »

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

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

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

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" »

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" »

The Lawrence Eagle Tribune reports that twenty-one year old Hector Martes of Lawrence Massachusetts was rushed to the hospital after he was stabbed in his upper abdomen and rib cage. According to reports, Martes told hospital workers that while playing "beer pong" at his home he was stabbed after an argument erupted with his stepfather and brother. The police are still investigating the incident and Martes is listed in stable condition.

Although all of the facts are unknown at this time, it appears that one of the parties could ultimately be charged with assault and battery by means of a dangerous weapon. In order for the Commonwealth to prove this crime, it must prove beyond a reasonable doubt that a defendant intentionally touched another person with a dangerous weapon. Another theory that the government may assert is that a defendant engaged in reckless conduct that resulted in bodily injury. In the event that the defendant's step-father and/or brother are charged in this, potential defenses include misidentification by the victim as to who the perpetrator was and/or self-defense and defense of another.

It is also worthy to note that anyone questioned by the police is not under any obligation to speak to them. If you find yourself in a situation where you are being questioned by the police you should refuse to answer any questions until you have consulted with an experienced Boston area attorney. If you choose to speak with the police anything that you say may be used against you in court. If a defendant is questioned by the police an experienced Lawrence Massachusetts area lawyer will review the circumstances to determine whether a motion to suppress the statement should be litigated.

Continue reading "Lawrence Massachusetts Man Stabbed At Home" »

The Lawrence Eagle Tribune reports that a Lawrence Massachusetts man faces a minimum mandatory sentence of 10 years in state prison if convicted of charges stemming from a drug bust. Marcelo Perez, 48, of 210 Lawrence St., was charged with drug crimes including two counts of trafficking cocaine, two counts of unlawful possession of a handgun, two counts of unlawful possession of ammunition and possession of a dangerous weapon.

Three local authorities worked together focusing on suspected drug activity in the Dunkin' Donuts parking lot on Main Street in Haverhill Massachusetts. Reports indicate that when he was arrested Perez had loaded .38 caliber pistol and 305 grams of cocaine in his jacket. With the assistance of the Tewksbury K9 unit, police discovered a hidden compartment in the back floor of Perez's jeep. It has been reported that the authorties seized an additional 30.7 grams of cocaine another loaded handgun, a box of ammunition and a digital scale. Police estimated the street value of the cocaine at $6,500.

If you have been charged with any drug crime in Massachusetts, it is imperative that you have an experienced defense attorney on your side. Most drug arrests stem from a search that has been conducted by the police. Attacking the legality of the search is often times the first step to a successful litigation of a drug offense. Depending on the circumstances of the case, this is done by filing a motion to suppress evidence seized from a defendant, his or her car and/or his or her home or apartment. Attorney McCarthy has successfully litigated these types of motions. If the evidence is suppressed the government is left without a case.

Based on the recent Supreme Court decision of Melendez-Diaz v. Massachusetts, it is imperative that a qualified defense lawyer attack any drug certificate that the District Attorney attempts to introduce in order to establish that the seized substance is in fact an illegal drug. The Supreme Court has indicated that the Commonwealth cannot merely introduce a drug certificate to prove that a retrieved product is contraband. Based on this new case law, in most cases, the Commonwealth is required to produe a chemist that examined the item and determined that is was an illegal drug. The Courts and the District Attorneys' offices are scrambling to try to get around this requirement. If you find yourself facing drug charges you must have an experienced Massachusetts criminal lawyer on your side to fight for all of your rights.

Continue reading "Lawrence Massachusetts Man Faces Mandatory Jail Sentences Stemming From Drug And Gun Charges In Haverhill District Court" »

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" »

Twenty six year old Christian Negron remains in a coma at a Boston area hospital as a result of a brutal beating with what the police believe was a metal baseball bat. The last post indicated that the police had not apprehended anyone in connection with that beating and robbery. However, The Lawrence Eagle Tribune reports today that Juan Melendez's mother told police that her son confessed to "his crime and threatened to kill himself." According to reports, Alexander Pardella was also involved in the attack in which the perpetrators took money and a cell phone. The defendant appeared in the Lawrence District Court and was held without bail.

At this point, it appears that the government will proceed against the two perpetrators as "joint venturers" and claim that they acted together to commit these crimes. Based on reports at this time, it appears that Pardella struck Negron before taking the cell phone and money. In order to obtain a conviction against Melendez the Commonwealth would have to prove beyond a reasonable doubt that that he was ready, willing and able to assist Pardella in committing these crimes.

In Massachusetts, the government often proceeds against multiple defendants under this "joint venture" theory of culpability. Although merely being present at the scene of a crime is not enough to demonstrate joint venture it is a factor that a jury can consider during deliberations to determine whethere a defendant is liable as a participant in the crime.

Continue reading "Methuen Massachusetts Man Charged In Connection With Brutal Attack On Lawrence Massachusetts Man" »