Boston Criminal Defense Lawyer Blog

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

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

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

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

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

Posted by Kathleen M. McCarthy | Permalink | Email This Post

Posted In: Assault and Battery , Firearm Offenses , Self Defense , Threats , Weapon Offenses

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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" »

Posted by Kathleen M. McCarthy | Permalink | Email This Post

Posted In: Assault and Battery , Celebrity Crimes , Domestic Assault and Battery , Self Defense , Threats

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