Boston Criminal Defense Lawyer Blog

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 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" »

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" »

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" »

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" »

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" »

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" »

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 " »

Fifty-two year old Mariano Liriano of Lawrence Massachusetts was arrested and charged with indecent assault and battery on a person over fourteen years old. The Lawrence Eagle Tribune reported that a seventeen year old girl accused Liriano of putting his hand on her leg and moving it up. According to the Tribune, the pair knew one another. The woman told Liriano to stop and he gave her a ride home. When she returned home she called the police. Liriaano was arrested at his home and charged with indecent assault and battery on a person over fourteen.

In Massachusetts, the crime of indecent assault and battery is a felony. A conviction for this offense carries a sentence of up to two years in jail or five years in state prison. See, M.G.L.A. 265 § 13H.
In Massachusetts, there are two theories under which the government can prosecute a person for assault and battery. The most common one is the intentional touching of another person without consent. A second way in which a person may be found guilty of assault and battery us when, instead of engaging in intentional conduct, an individual engages in reckless conduct that results in physical injury.When the police respond to a call for a "domestic violence" the police generally place someone under arrest. If you find yourself in this situation you must contact an experienced domestic violence attorney to protect your rights and ensure that a civil restraining order does not issue requiring you stay away from your home, your children or your spouse. Although a restraining order is considered a civil order if you are charged with violating that order it is criminal offense.

To be considered an "indecent" assault and battery the touching must be fundamentally offensive to contemporary moral values. There is no particular definition relative to the what conduct specifically constitutes that crime.

A conviction for indecent assault and battery also has collateral consequences of having to register as a sex offender with the sex offender registry board. This requirement can be onerous and interfere with employment and volunteering opportunities.

If you are charged with the crime of indecent assault and battery or assault in battery in the Boston Massachusetts area you must have an experienced defense attorney on your side to ensure that your rights are protected. Pre-trial investigation and interviews are important so that a viable defense can be mounted from the outset. In these types of cases where the parties know one another a thorough investigation of the complaining witness is essential so that all bias and motives can be exposed.

Continue reading "Indecent Assault And Battery Charges Lodged Against A Lawrence Massachusetts Man" »

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 " »

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" »

According to The Lowell Sun, a 34-year-old Lowell Massachusetts man, who was convicted for motor vehicle homicide and operating under the influence of alcohol causing serious bodily injury six years ago found his way back to prison after serving most of his 5 to 6 year committed sentence. The defendant was released from prison to a five year probationary term. However, this week a Superior Court Judge sitting in Lowell Massachusetts found that the defendant violated the terms of his probation after being arrested on charges of domestic assault and battery and malicious destruction of property in an incident involving his sister-in-law. According to reports, he was sentenced to serve the rest of his two-year jail sentence on his conviction for operating under the influence causing serious bodily injury.

If you have been served with a notice from the probation department that they are looking to surrender you because you violated the terms of your probation it is imperative that you contact an experienced Massachusetts trial attorney. The rules that apply during a probation surrender hearing are different from the rules that apply during a trial.

The Massachusetts Supreme Judicial Court has held that “the due process clause does not place a per se prohibition on the use of hearsay evidence at probation revocation hearings.” Commonwealth v. Durling, 407 Mass. 108, 115 (1990). Rather, “[u]nsubstantiated and unreliable hearsay cannot, consistent with due process, be the entire basis of a probation revocation." The court also considers whether the evidence at the hearing is entirely hearsay and whether there is good cause for not having direct testimony.

In Massachusetts, a probationer has only a conditional liberty interest. The probationer is expected to comply with the conditions of probation. A breach of a condition of probation constitutes a violation, and if the probation officer receives information tending to show that the probationer has breached, the officer may “surrender” the probationer to the court. During a trial, the government must prove its case beyond a reasonable doubt. However, the standard at a probation revocation hearing is lower. A probationer's probation may be revoked based on the probation department establishing a violation by a preponderance of evidence. In Massachusetts, the Courts position is that a probation revocation hearing is not part of criminal prosecution and, thus, a probationer need not be provided with the full panoply of constitutional protections available at criminal trial. However, the Courts have held that the revocation of probation does result in a deprivation of liberty within the meaning of the due process clause of the Fourteenth Amendment to the United States Constitution and thus, the Commonwealth must provide probationers with certain protections at surrender hearings. In Massachusetts, the hearsay on which the judge relies must be reliable.

If you have received notice of a "probation violation" it is important that you contact an experienced Massachusetts trial attorney to represent you at the surrender hearing. Effective representation can result in the court not finding you in violation or if you are found in violation convince the judge not to impose the sanction recommended by the probation officer. In certain situations, the submission of a memorandum opposing the finding of a violation is appropriate.

Continue reading "Lowell Massachusetts Man Found In Violation Of Probation Is Back Behind Bars" »

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, 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 " »

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 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 " »

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 " »

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.

On Sunday, August 10, 2008, Actress Hayden Panettiere hosted a charity benefit for the Whaleman's Foundation at the Beso Restaurant in Hollywood California. The guests included Alan Panettiere and Lesley Vogel, the parents of the hostess. Witnesses allegedly observed the pair involved in a heated argument as they left the event.

According to reports, in the early morning hours of August 11th, Alan Panettiere was arrested for allegedly striking his wife on her cheek that resulted in bruising. A Sheriff's official reported that alcohol was involved in the incident. Panettiere was eventually released on $50,000.00 cash bail. He will appear in court at a future date to answer to these charges.

Continue reading "Actress Hayden Panettiere's Father Charged With Domestic Assault" »