Elias Moya is being held without bail pending a hearing on dangerousness in the Lynn District Court. He is charged with Assault and Battery on a Pregnant Woman and Assault and Battery by Means of a Dangerous Weapon. According to the Lynn Item, Moya who is from Salem, Massachusetts went to the victim’s home along with his girlfriend. He got into an argument with his brother and his brother’s pregnant girlfriend. The argument grew violent and Moya struck the pregnant woman in her stomach. Moya and his brother fought. They were separated at which time Moya threw a set of keys at his brother’s head.
Assault and Battery on a Pregnant Woman is a felony and prohibited by M.G.L. ch. 265 Section 13A. There is a potential five year prison sentence associated with a conviction for this offense. These cases are usually difficult for the district attorney to prosecuted. Even though police intervention was sought family members tend not to testify against one another after they have had time to cool off. Neither Moya nor his girlfriend was found at the scene. There appear to be no other witnesses to this incident. Thus, only Moya’s brother and his brother’s girlfriend will be able to make this case for the prosecution. Cases like this one often get dismissed. It would not surprise me to find out the Moya’s biggest punishment was getting held in jail during the pendency of the dangerousness proceeding.
Attorney Stephen Neyman has successfully defended people accused of this crime and hundreds of others over the past twenty years. We can be reached anytime. Call us at 617-263-6800 or contact us online if you have been charged with a crime in Massachusetts. We are always ready to defend you.