Massachusetts Criminal Defense Attorney Blog

Authorities allege that Michael Fitzpatrick of Malden assaulted an Arlington woman at gunpoint in the Dock Square garage yesterday at 1:00 in the afternoon and took off in her SUV. Apparently this incident was witnessed by two other women who sheltered the victim and got her out of the garage. Fitzpatrick made his escape from the garage by driving through the gate. He later drove into a taxi cab fleeing that scene as well. Fitzpatrick got into another accident in the North End and was apprehended shortly thereafter. A loaded firearm was recovered at the scene and Fitzpatrick was positively identified by the first victim. At arraignment it was learned that the defendant had been drinking a half gallon of vodka per day. This case is being prosecuted in the Boston Municipal Court. Fitzpatrick also has a case pending in the Quincy District Court.

Read Article:

http://www.boston.com/news/local/breaking_news/2010/02/man_arrested_af_5.html

Massachusetts Carjacking Lawyers

The law on Carjacking in Massachusetts is set out in M.G.L. ch. 265 Secton 21A. It states that anyone who steals or tries to steal a motor vehicle by putting a person in fear or by assaulting the person is guilty of Carjacking, a felony. If the crime is committed with a firearm there is a minimum mandatory five year state prison sentence that must be served. Given his criminal history and the nature of this offense it is likely that the district attorney will be looking for Fitzpatrick to serve some serious state prison time. A possible defense or certainly a mitigating factor is the quantity of alcohol that the defendant had ingested at or near the time of the crime.

Continue reading "Malden Man Charged With Carjacking In Boston Municipal Court After Taking SUV At Gunpoint" »

Last week an 30 year old Fitchburg, Massachusetts man was arrested on allegations that he kidnapped, beat, threatened and sexually assaulted three women in a carjacking incident.  He is now being held without bail at the Bridgewater State Hospital and being evaluated for mental health issues.  Shortly after 10:00 p.m. Wednesday one of the victims was driving her car when the defendant approached and told her to get in the back.  The man then began hitting one of her passengers while threatening to kill all of the occupants.  When the woman fought back the defendant hit her in the mouth cutting her lip.  The defendant intended to force the women to drive him to Boston.  However, 911 calls made by one of the women prompted the assistance of the state police and the man was ultimately apprehended.  The defendant was charged with kidnapping, assault with the intent to commit rape, carjacking, assault and battery, threatening to commit a crime, assault with a dangerous weapon and resisting arrest. 

Read Article:  Man Charged With Sexual Assault, Assault and Battery After Kidnapping and Carjacking Three Women

In the context of this case the carjacking is most likely the most serious charge carrying with it a possible 15 year state prison sentence.  There is also a five year minimum sentence that must be imposed if someone is convicted of carjacking while armed with a dangerous weapon.  The article states that the defendant in this case was wearing a chain around his neck containing a razor blade.  A razor blade can be considered a dangerous weapon thus possibly requiring the imposition of the mandatory five year sentence if this man is convicted of this crime. 

Continue reading "Massachusetts Man Charged With Carjacking, Kidnapping Held Without Bail" »