Massachusetts Criminal Defense Attorney Blog

Shortly after 7:00 a.m. Sunday morning Framingham, Massachusetts police received a call for a disturbance on Dinsmore Avenue. When they arrived they heard a woman screaming. The officers entered the home and found Marvin Alvarenga holding his ex-wife and her daughter against a wall. The ex-wife was bloodied and bruised. The daughter complained about having suffered some injuries as well. The ex-wife told police that she met with Alvarenga the previous night for dinner. The purpose of the meeting was to discuss the woman having a Restraining Order against Alvarenga dismissed. Apparently the meeting did not go well. The woman told the police that Alvarenga then forced her to drive him to her Framingham home where he beat her. He did however permit her to contact her daughter who went to the home. Once she entered the property it is alleged that the daughter was not allowed to leave and was threatened with a beer bottle. Alvarenga is being charged with Assault by Means of a Dangerous Weapon, Assault and Battery, Kidnapping, Intimidation of a Witness and Violating a Restraining Order. Alvarenga has an open Assault and Battery case on which bail was revoked. Through his lawyer Alvarenga denied all allegations. The case is pending in the Framingham District Court.

Read Article:

Framingham Massachusetts Criminal Lawyer, Kidnapping, Violation of 209A Orders

Typically in cases involving Domestic Violence witness credibility becomes a critical issue. This is because the defenses to these cases implicate a history between the parties that is usually admissible as evidence at trial. Massachusetts Criminal Lawyers will tell you that very often the initiator of a Restraining Order makes his or her application to gain an advantage or control over someone with whom they are involved. Take this case for instance. Why would the "victim" want to meet with Alvarenga for dinner to discuss vacating the existing Restraining Order? Keep in mind that the issuance of the order contemplates a judge finding a substantial likelihood of an immediate danger of abuse. This is based on an affidavit and/or the testimony of the complainant who admits to being in fear of this person. It hardly makes sense for someone truly feeling this way to drive from Framingham to Boston to discuss terminating the order over dinner. This will hurt the woman's credibility. Alvarenga should have known that the dinner meeting constitutes a violation of the order. I have seen many cases where the complainant contacts the defendant, usually by text, email or voicemail message. This action is naturally designed to elicit a response. The response constitutes a Violation of the 209A Order that is virtually indefensible. Most troubling about this is that this action is deliberate on the part of the "victim". I have represented countless people who have responded to the unsolicited contact and found that to be the basis for the issuance of a complaint. Once again, the "victims" can use this tactic to gain a personal advantage over the accused or as a form of retaliation for some non-criminal issue with which they took issue.

While the ex-wife's credibility might be questioned at least as to some of the counts, Alvarenga's problems are going to come from the police officers testimonies. They heard the screams, witnessed some of the incident and saw the ex-wife in a bloodied condition. While the Kidnapping counts might easily be challenged the Assault Charges are going to be more difficult to beat.

Continue reading "Framingham Massachusetts Man, 38 Charged With Assault And Battery, Kidnapping On Ex-Wife" »

The Lynn Item reports that William Townsend of Lynn, Massachusetts has been charged with Assault With the Intent to Commit Murder, Rape and Assault and Battery by Means of a Dangerous Weapon. The charges follow a weekend where the complainant, Townsend's former girlfriend fell off the wagon and engaged in a lengthy partying binge.

The police responded to a call for Domestic Violence at an undisclosed address. When they arrived they found the complainant barefoot in the rain. She purportedly displayed bruises described as both old and new. She told the police that Townsend tried to throw her out of a window on the second floor. She was eventually taken to a local hospital. There she told attending personnel that Townsend had repeatedly raped her. Meanwhile, back at the scene police went up to the second floor, kicked the door in and arrested Townsend.

The complainant told police that she had been sober for fourteen months and that she fell off the wagon this past Friday. She met up with friends and family and began drinking heavily. She then went to visit Townsend who was apparently her first boyfriend. There, she continued drinking with the defendant. On Monday evening the woman reported that Townsend demanded the two have sex. Having AIDS she declined. The two continued to drink for several more hours, passing out. The next day Townsend continued to demand sex. The woman again declined and Townsend passed out yet again. She claims that when she went to wake him up Townsend grabbed her, smashed her head against a wall and threatened to throw her out of the second floor window. He threw her out of the apartment and the police were called. Charges are now pending in the Lynn District Court

Read Article:

Lynn Massachusetts Rape Defense Lawyer

Any Massachusetts Criminal Defense Lawyer will tell you that cases like this often enjoy a multitude of defenses. Think about this from a purely factual standpoint. The complainant's credibility is suspect from the start. She started drinking on Friday and continued until she passed out on Monday night. Just how much of that weekend could she have remembered with any degree of detail? She claims that Townsend demanded sex and raped her notwithstanding the fact that she has AIDS. How many people are willing to risk contracting a deadly disease? Now think about the independent corroborating evidence in this case. What do the hospital records show? Did the two in fact have sex? Was the bruising both new and old as characterized by the police? How about the complainant's head. Were there bruises or cuts corroborative of her account of having her head smashed into the wall. Remember that Mr. Townsend's account of the weekend is probably much different than the woman's. Defense lawyers rarely share the details of their defense at an arraignment. If bail was set in the amount of three thousand dollars as stated in the article then the judge probably got a good read on the viability of these charges. It would not surprise me to see this case remain in the district court.

Continue reading "Lynn Massachusetts Man Accused Of Rape, Assault With Intent To Murder, Assault And Battery With A Dangerous Weapon After Weekend Drinking Binge" »

Just after midnight yesterday Beverly, Massachusetts police were called by a woman claiming that her boyfriend had beaten. The woman reported that she and Craig Blum, the defendant got into an argument. Blum then threw a pizza at her, shoved her, hit her and tried to strangle her. Blum was outside of the home when the officers arrived. He told the police that his girlfriend was out of control. The woman was taken to the hospital for treatment. It is alleged that she suffered injuries to her arms, legs, neck and body, all of which were photographed. The prosecutor moved for detention pending a dangerousness hearing. Blum is being prosecuted in the Salem District Court. He currently faces charges of Domestic Assault and Battery, Attempted Murder, Intimidation of a Witness and Threatening to Commit a Crime.

Read Article:

http://www.salemnews.com/local/x1555802374/Man-charged-after-girlfriend-hospitalized

When reading this article I immediately noticed that Blum's lawyer argued that he acted in self-defense. At first blush one would think this is unlikely. The police respond to a call, find a woman crying hysterically, visibly bruised and complaining that her boyfriend beat her. That seems pretty bad for Blum right? Well maybe not. Most Massachusetts Criminal Defense Lawyers have defended Domestic Assault and Battery Cases where the "victim" was the actual aggressor and the defendant who usually happens to be male acts solely to defend himself. This may include grabbing the woman to prevent her from continuing her assault or subduing her for that same purpose. Keep in mind that in Massachusetts and in most other states a person is allowed to act in self defense and it is the obligation of the prosecutor to prove beyond a reasonable doubt that he did not act in self defense. To prove that someone did not act in self defense the prosecutor must show either:

1. That the defendant did not reasonably believe he was being attacked or immediately about to be attacked, and that his safety was in immediate danger; or

2. That the defendant did not do everything reasonable in the circumstances to avoid physical combat before resorting to force; or

3. That the defendant used more force to defend himself than was reasonably necessary in the circumstances.

Blum's lawyer is probably going to want to know where the pizza was found. If it was thrown at the woman as she claims one would expect to find it splattered on a wall or across the room where it was allegedly thrown. Did the police photograph this piece of evidence? Was the woman covered with pizza? How far was Blum from her when he allegedly threw the pizza? What did the neighbors hear, if anything? Were there any other witnesses to this incident?

Continue reading "Beverly Massachusetts Man Held Without Bail Pending Dangerousness Hearing On Domestic Assault Case After Beating, Throwing Pizza At Girlfriend" »

Framingham Police were called just before 5:00 a.m. about a fight on Essex Street. They arrived to find a woman bleeding from her head. After offering an excuse for her condition the woman changed her story. She accused Michael Young, her boyfriend of assaulting her after finding her out with another man. Young was located at his home. He was arrested at which time police found marijuana and drug paraphernalia in the home. A Search Warrant was applied for and issued. During the execution of the search warrant authorities found large quantities of drugs including over a pound of Marijuana, Ecstasy and Cocaine. Also arrested was Young's roommate, Michael Smokler who responded to the police station at their request for questioning. Both defendants are facing charges of Possession With the Intent to Distribute Cocaine, Possession With the Intent to Distribute Ecstasy, a School Zone Violation and Conspiracy. Young faces Domestic Violence Charges as well. The case is pending in the Framingham District Court.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x1969176517/Domestic-investigation-leads-to-drug-arrest-in-Framingham#axzz1EpifJhg1

Framingham Drug Crimes Defense Lawyer

I frequently remind readers that speaking with the police is rarely a good idea. This case seems to be a perfect example of why getting a lawyer prior to meeting with the police is the most prudent way to proceed. Smokler was not present in the morning when the police searched the apartment and arrested Young. They called him later and asked him to go down to the station for questioning. He did. The result was his arrest. I have never had a client who talked himself out of criminal charges. To the contrary, most talk themselves into trouble. If the police had probable cause to arrest Smoker after they conducted the search they would have obtained an arrest warrant and done so. I would imagine that Smokler provided the police with information during the interview that enabled them to file criminal charges against him. Had he hired a lawyer rather than speak with the police criminal charges might not have issued.

Continue reading "Two Framingham Men Arrested And Charged With Drug Crimes After Domestic Assault Investigation" »

Stephen Goudreau of Peabody was arrested yesterday in Danvers after the police receiving a call from Goudreau's girlfriend complaining that she had been Assaulted. Apparently the two were arguing about a car when Goudreau supposedly put his hands to her throat and tried to strangle her. The woman called the police. Emergency medical personnel arrived as well. The woman treatment and was not seriously injured. While the police were investigating Goudreau reappeared and was arrested. He has been charged with Domestic Assault and Battery and Assault With Intent to Commit Murder. The case is pending in the Salem District Court.

http://www.salemnews.com/local/x820636876/Police-Peabody-man-tried-to-strangle-his-girlfriend#

Danvers Domestic Assault and Battery Defense Lawyer

The Assault With Intent to Murder charge seems suspect. No matter how strong the case that charge is always difficult to prove. The elements of the offense are assault, a specific intent to kill and malice. Here, the act of putting his hands around the victim's neck does not likely satisfy the element of a specific intent to kill. The assaultive behavior was brief and did not warrant medical attention. There is not even an indication that the victim showed marks around her neck. Similarly, the element of malice in the context of this charge requires the district attorney to show that Goudreau intended to kill his girlfriend without justification or mitigation.

Continue reading "Peabody Man Arrested In Danvers After Reports Of Attempting To Kill His Girlfriend" »

Lynn, Massachusetts police responded to a supermarket after receiving a report of alleged criminal activity. They arrived to find Maria Rios of in a bathroom, crying. She complained that her boyfriend, Hector Diaz accused her of doing drugs and punching her in her while riding in Diaz's car. Rios was uncooperative with the police. However, while at the police station, Diaz arrived with cuts on his neck and face. He was bleeding. Diaz claimed that it was Rios who threw the punches and caused his injuries. Both Diaz and Rios were arrested. They have been charged with Domestic Assault and Battery. The case will be prosecuted in the Lynn District Court.

Read Article:

Lynn Massachusetts Domestic Violence Defense Lawyer

Cases like this one are often easy to defend. In Domestic Assault and Battery matters identifying the culpable party can be hard to determine. Initially, one of the parties will report being assaulted by the other. Sometimes the accused will file a cross-application for a complaint claiming that he or she was the victim. If there are not witnesses to the alleged crime than the prosecution might not know who to prosecute. By the time the case is set for trial both parties are apt to invoke their Fifth Amendment privilege assuming the privilege is available. At this point the prosecution will be unable to proceed and the case or cases will be dismissed. In this case both Rios and Diaz have a privilege against self-incrimination. Their Massachusetts Criminal Lawyers will probably have them invoke their respective privileges and the cases against both will be dismissed.

Continue reading "Lynn Couple Fight Over Drugs, Get Charged With Domestic Assault And Battery" »

This past weekend Thomas Frechette of Saugus, Massachusetts was found outside of his home by police officers responding to his wife's emergency call. Reports claim that Frechette''s wife was found locked in the upstairs bathroom of her home. She told police that she and Frechette had argued after which he pushed her, grabbed her and kicked her. Frechette had been drinking and admitted to police that he and his wife had been in a fight. Frechette's wife told the police that he owned firearms in the trunk of his car and that during the fight he had threatened to kill her. Apparently Frechette keeps the car in which the firearms are stored in Malden. He has been charged in the Lynn District Court with Domestic Assault and Battery and Threatening to Commit a Crime. No Gun Charges have been filed however the police are applying for a Search Warrant to search the car for the weapons.

Read Article:

Saugus, Massachusetts Domestic Abuse Defense Lawyer

Frechette's defense in this case will largely depend on what his wife intends to do. Cases of Domestic Assault and Battery in Massachusetts are often impossible to prove without the cooperation and testimony of the victim. In Massachusetts spouses have an absolute privilege not to testify against their spouse. Thus, absent independent witnesses this case might be difficult to prove. The same logic applies for the gun charges that might issue. Even if the police find guns in Frechette's trunk they will not likely be able to prove they were his without some corroboration. In this case, corroboration would come from the wife, the person who alerted the officers to their existence in the first place.

Continue reading "Saugus Man Faces Domestic Violence Charges After Beating Wife" »

David Marchant, a Boston Police Officer living in Dorchester, Massachusetts is facing charges of Domestic Assault and Battery. The alleged victim is his wife. Boston.com reports that Marchant was arrested over the weekend. Marchant's mother-in-law told officers that she witnessed Marchant slap his wife and push her. The mother-in-law tried to intercede. Marchant hit her too. She further stated that her she heard a slapping sound and then saw her daughter fall down some stairs. She then called 911. Marchant is on administrative duty at the police department while an investigation is conducted.

Read Article:

Boston Domestic Assault and Battery Defense Lawyer

Here are some interesting Domestic Violence statistics reported by the American Bar Association. There are about 1.3 million women and two thirds as many men assaulted by an intimate partner in this country each year. About thirty three percent of female murder victims are killed by an intimate partner. 84% of spousal abuse victims are female. These figures are staggering and only slightly representative of the actual incidents of Domestic Violence that occur each year.

Naturally, prosecutors in Massachusetts take these cases quite seriously. All Massachusetts District Attorney's Offices have specially trained attorneys who prosecuted primarily Domestic Violence Cases. Additionally, Restraining Orders are often directly implicated in Domestic Violence prosecutions. This is why it is important that anyone charged with Domestic Assault and Battery in Massachusetts hire an Experienced Massachusetts Criminal Defense Lawyer. Without proper representation you risk a conviction or possible jail sentence.

Continue reading "Boston Police Officer Involved In Incident Of Domestic Violence Charged With Domestic Assault And Battery" »

A thirty four year old pregnant woman told Lynn, Massachusetts police that she and her boyfriend, Juan Pablo Hernandez got into a fight. Supposedly Hernandez choked her. She fell and Hernandez then kicked her several times. He prevented her from contacting the police. Eventually she left the home for several hours. The following day the woman went to a medical facility for an evaluation. She returned home and she and Hernandez got into a verbal altercation. Afterwards, the woman went to the police station and made her formal complaint. Charges against Hernandez issued in the Lynn District Court. He is facing counts of Assault and Battery by Means of a Dangerous Weapon, Intimidation of a Witness, Domestic Assault and Battery and Assault and Battery on a Pregnant Woman. Hernandez denied all charges upon his arrest.

Read Article:

Lynn, Massachusetts Man Accused Of Kicking, Choking Pregnant Girlfriend

According to Massachusetts General Laws Chapter 265 Section 13A Assault and Battery on a Pregnant Woman in Massachusetts is a felony. It carries with it a possible five year state prison sentence. Most of these cases are prosecuted in the district court where the maximum penalty that can be imposed is two and one half years on the house of correction. Hernandez might have some viable defenses to this case. The complainant took her time reporting the incident to the police. Even after receiving medical treatment she returned home to Hernandez. It was not until after they had a verbal argument that she made her complaint. Jurors might think that anyone in her position would contact the police immediately. They might also wonder why she returned to him the night of the alleged assault and the next day after receiving a medical evaluation. Cases like this are often triable from a defense perspective. Common sense suggests that something is terribly wrong with this story. That something could create a reasonable doubt in the mind of the factfinder.

Continue reading "Lynn Man Charged With Domestic Assault After Choking Pregnant Girlfriend" »

This past Sunday Angel Ruiz of Lawrence, Massachusetts was arrested in the early morning hours. Authorities allege that Ruiz Raped and beat a woman with whom he had a relationship. Neighbors heard the woman screaming. Officers responding to the scene were informed that cut the woman and left the house. The woman was airlifted to a Boston hospital for treatment. The woman's children were home at the time of the attack. Ruiz has been charged with Violation of a Restraining Order, Aggravated Rape, Assault and Battery, Larceny and Intimidation of a Witness. The case will be prosecuted in the Essex County Superior Court in Salem. The victim was released from the hospital.

Read Article:

http://www.eagletribune.com/local/x1388784548/Man-charged-in-violent-rape

Massachusetts Rape Defense Lawyers

Ruiz is facing a big fight. These charges are severe. The Rape charge carries a maximum sentence of life pursuant to Massachusetts General Laws Chapter 265 Section 22(a). This is the more severe Rape Charge, commonly referred to as Aggravated Rape. The district attorney will have to prove not only non-consensual sex but also that the act resulted in serious bodily injury. That aspect of the law might appear satisfied by the fact that the victim was cut and that her injuries necessitated hospitalization. If the prosecutor cannot meet its burden as to the aggravated portion of the offense then there is a maximum twenty year sentence for a conviction of this crime. Either way, if this article is factually accurate Ruiz is facing a lengthy state prison sentence if his is convicted. As with any serious case in this jurisdiction, Ruiz needs to Hire an Experienced Massachusetts Rape Defense Lawyer.

Continue reading "Lawrence Man Arrested For Rape, Violating Restraining Order Against Former Girlfriend" »

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.

Read Article:

Lynn, Massachusetts Domestic Assault and Battery Lawyer

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.

Continue reading "Salem Man Charged With Domestic Assault And Battery After Punching Pregnant Woman In The Stomach" »

Elizabeth Cushman, also known as Mama Deuce is being held on two thousand five hundred dollars cash bail for supposedly threatening a witness on a Domestic Violence case. It is alleged that Cushman who might have a role in the Deuce Boyz organization called and left a threatening message on the voicemail of a victim in a case involving Raymundo Henriquez, the reputed leader of the Deuce Boyz, a Lynn based street gang. Cushman is thirty nine years old. She has a history of Firearms Charges. There are also allegations that Henriquez has threatened the same woman whom authorities claim he assaulted a while ago. The case is pending in the Salem District Court.

Read Article:

http://www.salemnews.com/local/x712215916/Woman-charged-with-threatening-a-witness

Witness Intimidation in Massachusetts

In Massachusetts the crime of Intimidation of a Witness is proscribed by G.L. 268 Section 13B. The law states that anyone who threatens, injures, emotionally assaults or otherwise intimidates a potential witness in a case is guilty of a felony and faces up to ten years in state prison. The legislative intent of the statute is to protect witnesses from being intimidated or harassed so that they do not become reluctant to give truthful evidence in investigatory or judicial proceedings. An essential element of the crime is the offer of a bribe or the use of intimidation, force, or the threat of force. The district attorney must prove all elements beyone a reasonable doubt. Intimidation has been defined as putting person in fear for purpose of influencing his or her conduct.

Continue reading "Lynn Woman Charged In Salem With Witness Intimidation" »

Around 2:00 a.m. Monday morning Taunton, Massachusetts police received a 911 call from a woman who had locked herself in a bathroom after having been beaten by her boyfriend according to the Brockton Enterprise. The officers who responded located the woman in the bathroom and appearing scared. She alerted them to the fact that her boyfriend, Peter Azille was hiding behind the bathroom door. The two were separated. Azille yelled to the woman not to talk to the police. He maintained an aggressive attitude towards law enforcement officials, was handcuffed and arrested. The woman refused medical treatment yet due to her representations Azille was charged with Kidnapping and Domestic Assault and Battery. His actions towards the police and witnessed by the police resulted in him being charged Witness Intimidation and Resisting Arrest.

Read Article:

http://www.enterprisenews.com/news/cops_and_courts/x1920417408/Taunton-man-charged-with-kidnapping-assaulting-girlfriend

Massachusetts Criminal Lawyer, Resisting Arrest

As I have mentioned many times in the past Resisting Arrest in Massachusetts is all to often a charge issued against people who have been assaulted by the police during the course of an arrest or investigation. Many times police officers try to deflect their violent, aggressive and at times illegal conduct by charging suspects with crimes that they did not commit, simply to avoid being sued for their behavior. Assault and Battery on a Police Officer is another such charge brought for the same reasons. Each and every time I meet with a client who has been charged with Resisting Arrest or Assault and Battery on a Police Officer the client has been visibly beaten and bruised by the police officer who created the charge. Here, given that the victim did not receive medical treatment and is the defendant's girlfriend there stands a chance that the Kidnapping and Domestic Crimes will not be prosecuted successfully. That is why it is imperative that Azille Hire a Massachusetts Criminal Lawyer who has experience defending charges of violence against police officers.

Continue reading "Southeastern Massachusetts Man Charged With Kidnapping, Domestic Assault On Girlfriend" »

Around 3:00 a.m. Monday Lynn, Massachusetts police responded to a call for an Assault. The victim reported that her child's father, Anthony Gainey knocked on her door. When she answered he pushed the door open, entered the apartment and threw her into a wall. Once she fought back Gainey pulled out a firearm, put it to her head and threatened to kill her. She screamed and Gainey left the home. He entered a vehicle in which co-defendant Keron James Franklin was seated. Police located the car and arrested the occupants, Gainey and Franklin. Franklin was found in possession of a Knife, Crack Cocaine, Percocet pills and Marijuana. He is being charged with Distribution of Class D and Distribution of Class B. Gainey is being charged with Breaking and Entering With the Intent to Commit a Felony, Assault and Battery by Means of a Dangerous Weapon and Domestic Assault and Battery.

Read Article:

http://www.thedailyitemoflynn.com/articles/2010/05/11/news/news14.txt

Domestic Violence Defense Lawyers in Massachusetts

Cases charging defendants with acts of Domestic Violence in Massachusetts can be difficult for district attorneys to prove. Take for instance this case. Gainey and the complainant had a relationship that produced a child. Issues centering on children are often emotionally charged. People say and do things that they do not mean or are not true. It is unlikely that Gainey really had a gun. If he had the presence of mind to rid himself of the weapon after this dispute it would be due to his fear that the police were looking for him. It would logically follow that Franklin would then get rid of his drugs. Gainey's might defend this case by suggesting the complainant is lying. Absent corroboration of her story this might be a viable defense. Franklin faces a different situation. His defense will center on the legality of the Search and Seizure. Absent reasonable suspicion the police had no legal reason to frisk him. Franklin was not in any way involved in the incident at the woman's apartment. He was simply in a car, waiting for Gainey. Absent an articulable suspicion the pat frisk might be deemed illegal and Franklin's case could be dismissed in its entirety.

Continue reading "Lynn Men Arrested, Face Gun, Drug And Domestic Violence Charges" »

Michael Holyoke of Bridgewater, Massachusetts is facing several charges involving an alleged incident of Domestic Violence against his former girlfriend. The Lynn Item reports that the woman's neighbor contacted police after hearing a man and woman fighting with one another. The woman also asked the neighbor for help. When the police arrived the two were still verbally fighting. The woman reported to the police that Holyoke punched her in the head several times and threw her into glass shower doors in the bathroom. He then blocked her escape route and smashed her cell phone after she tried to call the police. It was also reported that the victim stabbed Holyoke in the face and neck with a steak knife. Holyoke has been charged with Kidnapping, Intimidation of a Witness, Domestic Assault and Battery and Possession of a Class C Drug. The case is pending in the Lynn District Court. The case might be prosecuted in Salem in the Essex County Superior Court. The woman had previously taken a Restraining Order out against Holyoke.

Read Article:

Massachusetts Domestic Violence Defense Lawyer

This appears to be one of those cases that will remain in the District Court. Even though the charges are serious cases of this nature only get prosecuted in the Supeior Court if there was substantial physical harm to the victim or if the defendant has a lengthy criminal record and presents a serious danger to the victim or the community. The bail in this case, five hundred dollars suggests the strong possibility that the prosecution will continue in the Lynn District Court. Stab wounds suffered by the defendant might have an impact on Holyoke's Massachusetts Criminal Lawyer's approach to defending this case. That evidence might also be indicative of who actually was the first aggressor.

Continue reading "Bridgewater Man Charged In Lynn With Domestic Assault On Ex Girlfriend" »