Massachusetts Criminal Defense Attorney Blog

Oscoe Housen is being held without bail pending a dangerousness hearing in the Framingham District Court. The district attorney is alleging that Housen broke into a former girlfriend's home and stabbed her and a man who was present at the time. The man was stabbed in the back. The woman was stabbed in the chest and arm. Housen is being charged with Domestic Assault and Battery, Assault and Battery by Means of a Dangerous Weapon, Violation of a 209A Restraining Order and Home Invasion. The case will probably be indicted and prosecuted in the Middlesex Superior Court in Woburn.

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Man Facing Domestic Violence Charges In Framingham District Court

The Home Invasion charge is the most significant in this case. The law in Massachusetts pertaining to Home Invasion states that anyone who is armed with a dangerous weapon and goes into someone else's home and uses that weapon shall be punished for a minimum of twenty years in state prison. There is a requirement that the defendant know that someone was home at the time he went into the property or that he had reason to believe that someone would be home. Massachusetts Criminal Lawyers know that there is now a legal dispute in Massachusetts as to whether or not a judge can place the person on probation rather than impose the minimum sentence of incarceration for twenty years. If the article is accurate and Housen is convicted of this crime I have little doubt that he would be sentence to the twenty year mandatory given the apparent seriousness of the injuries to the victims.

Continue reading "Massachusetts Man Charged With Domestic Violence Crimes In Framingham Held Without Bail" »

Erick Garcia's former girlfriend went to the police station last Thursday around 3:00 in the afternoon claiming that Garcia had committed several crimes against her including, Assault and Battery, Kidnapping, Stalking and Assault With a Dangerous Weapon after refusing to accept the couple's breakup. The woman reported that Garcia drove up to her, and dragged her into his car at knifepoint. Garcia further threatened that if he ever found her with another man he would kill both of them. He then stabbed her car seat with the knife and threatened to kill her daughter. It is alleged that some of the Threats were made by text message. Garcia is being held without bail pending a Dangerousness Hearing. The Massachusetts man now stands charged with those crimes in the Framingham District Court.

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Domestic Violence Charges Issue Against Framingham, Massachusetts Man Unable To Accept Breakup

Crimes involving Domestic Violence in Massachusetts are taken very seriously. Many of the crimes with which Garcia has been charged are felonies. There is a good chance that this case will be prosecuted in the Superior Court. Almost any time allegations such as this are made judges tend to hold the defendant without bail and schedule a dangerousness hearing at the request of the district attorney. It is critical that people charged with crimes involving these types of charges Hire an Experienced Massachusetts Domestic Violence Defense Lawyer. Getting the right lawyer can help you get released with a bail or possibly on personal recognizance. It is equally important to hire a lawyer who has successfully defended cases like these.

Continue reading "Framingham Massachusetts Man Rejected By Ex-Girlfriend Charged With Stalking, Kidnapping" »

According to the Lowell Sun Angel Escalera of Lowell, Massachusetts was in a fight with his girlfriend on Saturday morning. The police were advised that a Domestic Dispute was in progress and they responded to find Escalera and his girlfriend in a verbal argument. Apparently the two were fighting over the fact that a male had called the victim earlier. As the police investigated the victim told them that Escalera threw a cup of hot coffee on her neck and back. The woman's shirt was wet and there were red marks on her neck consistent with minor burns. The victim refused medical treatment. The defendant was released on personal recognizance after being arraigned on charges of Assault and Battery by Means of a Dangerous Weapon. The case will be prosecuted in the Lowell District Court.

An Experienced Lowell Massachusetts Criminal Defense Lawyer could very well get a great result for Mr. Escalera. Many times these cases get dismissed due to the reluctance of the victims to go forward and testify at trial. If the parties reconcile their differences the victims often have a tendency to be uncooperative with the district attorney. Even if the victim is cooperative these cases can be continued without a finding particularly if the defendant has no criminal record. Lawyers in Massachusetts who Defend Domestic Violence Cases know what cases should be tried, what cases will be tried and which ones should be resolved short of trial. They will also know which cases are likely to get dismissed. It is important that you hire the right lawyer to ensure that your rights are protected.

Continue reading "Lowell Massachusetts Charged With Assault And Battery By Means Of A Dangerous Weapon After Throwing Hot Coffee At Girlfriend" »

Nelson Nunez of Lynn, Massachusetts is currently being held in the Essex County Jail in Middleton on a cash bail of twenty thousand dollars. Nunez has been charged with Indecent Assault and Battery, Assault With a Dangerous Weapon and Assault With the Intent to Commit Rape. According to reports, on August 22, 2009 Nunez tried to rape his forty three year old girlfriend as he took off her clothes at knifepoint. The victim fought with Nunez and ran away calling for help after she freed herself. At that time the two had been in a relationship for over one year. Police stated that when they came into contact with the woman she had red marks and bruising around her neck. These cases are Felonies in Massachusetts.

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$20,000.00 Bail For Lynn Man Who Tried To Rape Girlfriend

In cases like this the fact that Nunez and the woman had a longstanding relationship often becomes a critical aspect of the defense. If they had a consensual sexual relationship a Massachusetts Rape Defense Lawyer might want to know what purpose would brandishing the knife serve. Was there truly an attack or was the report fabricated as a result of some dispute between the parties and the woman's efforts to gain control of sorts in the relationship. What were the marks on the woman, if any consistent with. What statements has the woman made since the act that may suggest she is not being truthful. A thorough investigation is often the springboard for a successful defense. Defending Rape Cases in Massachusetts requires the expertise of an Experienced Criminal Defense Lawyer who has defended Sexual Assault Crimes and one who knows how to investigate such allegations.

Continue reading "Bail Set In Salem For Lynn Massachusetts Man Accused Of Assault With Intent To Rape" »

Last week Mark Snow of Rockland, Massachusetts was arrested for crimes that occurred earlier in the summer. He was charged with Breaking and Entering, Threatening to Commit a Crime, Malicious Destruction to Property and Assault. As to that case the prosecution alleged that Snow entered a home without permission, threw a rock through the window and threatened the occupant. Snow was released on those charges. Then, on September 12, 2009 he was arrested for Kidnapping. It was reported that a twenty four year old woman called the police to report that Snow unlawfully entered her apartment, assaulted her and confined her to her home. The woman stated that the incident occurred four hours prior to her making the call to the police. He is being held without bail at the Plymouth County House of Correction. Other charges Snow faces from the second incident are domestic assault and battery, assault and battery with a dangerous weapon, breaking and entering, threats and witness intimidation.

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Massachusetts Man Arrested For Kidnapping Just Days After Being Charged With Assortment Of Violent Crimes

If the details of the article are accurate it seems strange that the woman would wait four hours to report a crimes as violent as this one appears. Violent crimes in Massachusetts are usually reported right away. When I am defending home invasion or breaking and entering cases almost every initial complaint is made by a 911 call either during or shortly after the event. Extensive delays in reporting without a valid excuse raise a red flag. Why did the victim wait to report the crime? Often times the reasons for the delay disclose an illicit motive for making an unfounded complaint in the first place. This provides Massachusetts Criminal Attorneys with viable defenses to the charges. It would not surprise me to see the second case against Snow resolved in the Hingham District Court.

Continue reading "Rockland Massachusetts Man Held Without Bail On Charges Of Assault And Battery, Kidnapping" »

Reports state that Ralphie Arroyo from Framingham, Massachusetts was arrested yesterday in the early morning after choking his wife until she could not breathe. The woman told the police that Arroyo punched her in the head as well. A witness claimed to have seen the woman throwing household items out of a window just before the incident occurred. A mark was observed police on the woman's head but there is no mention of anyone having seen something on her neck. The woman claimed to have been depressed and was looking out of a window just prior to the attack. The prosecution has charged Arroyo with domestic assault and battery in the Framingham District Court. Bail has been set at one thousand seven hundred dollars.
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Domestic Assault And Battery Charges For Framingham Man

The American Bar Association has recently published some interesting statistics about Domestic Violence. Approximately twenty five percent of all women nationally were either raped or physically assaulted by a spouse or someone with whom they had a dating relationship. About one third of all female murder victims were killed by an intimate partner. It is statistics like this that rightfully cause judges concern about cases like this that are being prosecuted.

In this case however reports suggest a story other than the one the woman told the police. Her statement to the police that she was just staring out of the window during a moment of depression conflicts with the observation of the witness who saw her throwing objects out of the window. While this in no way condones acts of violence towards anyone it certainly effects the credibility of the complaining witness. Inconsistencies such as this can be fatal to a prosecution. This fact will no doubt be exploited in some regard by Arroyo's defense lawyer.

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Just a couple of days ago a Lynn, Massachusetts woman was arrested and charged with threatening to commit a crime, assault and battery by means of a dangerous weapon and trespassing. The victims are her former husband and his friend. According to reports Janice Bolen-Kavanaugh and co-defendant Zlatan Sarajlic encountered the ex-husband's friend. Sarajlic had a handgun. Bolen-Kavanaugh asked where he lived and he gave a fake address. He went home. Bolen-Kavanaugh then appeared tried to enter his home by pushing in a window screen. The victim went into the next room to warn Bolen-Kavanaugh's ex-husband Steven Kavanaugh. Bolen-Kavanaugh then swore at the victims and told them that Sarajlic was going to kill them. Sarajlic then manipulated the slide on the gun and held it in the air. When the defendants heard sirens they fled. Both were arrested. Sarajlic has also been charged with assault and battery by means of a dangerous weapon and trespassing. Bail for Bolen-Kavanaugh was set at three thousand dollars. Bail for Sarajlic was set at two thousand dollars. The report disclosed that Steven Kavanaugh was charged with violating a restraining order against his ex-wife.

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Massachusetts Woman Charged In Case Of Domestic Violence

Fortunately for the defendants in this case the police never found the firearm. Possession of a gun in Massachusetts carries a mandatory minimum eighteen months sentence to the house of correction. The defendants now have to defend against the assault and battery by means of a dangerous weapon case and the trespassing case. The assault and battery by means of a dangerous weapon carries a potential two and one half year jail sentence if the case is prosecuted in district court or up to ten years in state prison if the district attorney indicts the case. This case will likely remain in district court. The absence of a weapon makes this case difficult to prosecute. Where there are multiple victims rarely is there a consistent description of the weapon, or for that matter the circumstance surrounding the incident. Jurors like physical evidence. It makes them feel more comfortable about their decision to convict. The absence of the weapon and the allegation that one of the victims violated a restraining order against one of the defendants weakens the prosecutor's case.

Continue reading "Criminal Charges Filed Against Lynn Massachusetts Woman Accused Of Domestic Violence" »

Pembroke, Massachusetts police responded to a call for a woman who claimed to have been beaten and strangled by her boyfriend, Dennis Roberts. According to reports the two were at home arguing when the defendant pushed the woman to the floor. He then tried to strangle her, threatened to kill her if she called the police and then took her cell phone. The girlfriend succeeded in calling the police who arrested Roberts. The woman was taken to a hospital in Brockton for treatment. Dennis was arraigned in the Hingham District Court. Bail was set in the amount of five thousand dollars.

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Pembroke Massachusetts Man Charged With Attempted Murder

Most likely this case will be prosecuted in the Hingham District Court rather than the Plymouth County Superior Court. While incidents of Domestic Violence are often prosecuted in the Superior Court the magnitude of the assault usually dictates where the district attorney's office will handle the case. While this case is serious the facts pale in comparison to many instances of domestic violence. Take for example the case of Richard T. Lowry, a forty eight year old Peabody, Massachusetts man who was charged with multiple counts of domestic assault and battery, assault and battery by means of a dangerous weapon, assault with a knife, intimidation of a witness, kidnapping and attempted murder. Lowry was held without bail after it was alleged that he beat his wife while holding their infant child, kicked her with his military boots and put a knife to her throat.

The strength of Domestic Assault and Battery Cases often depends on the willingness of the victim to assist the district attorney with the prosecution. A large percentage of these cases are dismissed due to the victim's refusal to testify against his or her spouse or significant other. If there are no independent witness to the crime then prosecuting can be very difficult if not impossible.

Continue reading "Charges Filed In Hingham Massachusetts For Man Accused Of Trying To Kill His Girlfriend" »

Authorities in Hudson, Massachusetts have charged John Resendes with breaking and entering, rape, assault and battery with a dangerous weapon, intimidation of a witness, assault with intent murder, domestic assault and battery, kidnapping and resisting arrest. According to reports at 4:30 in the morning Resendes broke into a woman's, entered her bedroom and assaulted her. The woman was someone with whom Resendes had a relationship. The possible cause of the incident stems from Resendes seeing her with another man earlier in the day. As the woman tried to escape the attack the defendant threw her to the ground and sexually assaulted her. She was able to call 911. The prosecution further claims that Resendes threatened the victim with a knife by holding it against her throat and suggesting that he would kill her. All charges are now pending in the Marlborough District Court. Resendes is being held without bail. The victim refused medical treatment.

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Massachusetts Man Charged With Sexual Assault, Kidnapping

In the context of this case all of these charges are serious. The rape charge itself carries a potential life sentence. Factually however this charge is not supported by this article. To be convicted of rape the district attorney must show that the defendant (Resendes) engaged in sexual intercourse, either natural or unnatural with the complainant; and that the sexual intercourse was accomplished by compelling the complainant to submit by force or threat of bodily injury and against her will. Natural intercourse consists of inserting the penis into the female sex organ. Unnatural sexual intercourse includes oral and anal intercourse, including fellatio and cunnilingus, and other intrusions of a part of a person's body or other object into the genital or anal opening of another's body. Either natural or unnatural sexual intercourse is complete on penetration, no matter how slight, of a person's genital or anal opening. In addition to the vagina, the female genital opening includes the anterior parts known as the vulva and labia. Penetration into the vagina itself is not required. The article makes no mention of what acts Resendes committed to satisfy the elements of the crime of rape.

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Both Katy Kartalias and Rachel Lord claimed the title of being Gary Lee Farnham's girlfriend. Kartalias found out about Lord when the latter called to inform her that she was seeing Farnham. So what does Karalias do? She confronts Farnham who supposedly responds by assaulting her. So yesterday Farnham ends up in the Salem District Court for arraignment on his new case. Kartalias decides to go along as well. And guess who else is there? Yes, you are right, Rachel Lord. When Kartalias figures out who she is she sits down next to her. The judge eventually decides to hold Farnham in custody. When that decision is announced Lord made a comment. Perhaps taking exception Kartalias sucker punches Lord in a packed courtroom. The festivities continue as Lord pulls a clump of Kartalias' hair out. Both women are placed into custody. Eventually, only Kartalias is charged. The counts are assault and battery and disrupting a court proceeding. Kartalias is already on probation and is now facing a probation violation hearing.

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Massachusetts Courtroom Fight Lands Woman In Jail

Disruption of court proceedings is a crime pursuant to Massachusetts General Laws Chapter 268 Section 13C. The law states that anyone who "causes or actively participates in the willful disruption of proceedings" and is convicted of that crime may be imprisoned by up to a year in jail. The crime is a misdemeanor. The assault and battery charge is also a misdemeanor that is punishable by up to two and one half years in the house of correction.

Continue reading "Assault And Battery Charges For One Of Two Massachusetts Women Who Fight Over Man In Salem District Court" »

In a unanimous decision five justices on the Massachusetts Supreme Judicial Court reversed an Appeals Court decision pertaining to probation violaton/revocation matters. See Commonwealth v. Ruiz, Slip Opinion March 31, 2009. In Ruiz the Court found the following facts:

Stemming from two incidents of domestic violence Ruiz pleaded guilty to seven separate crimes in the Superior Court. One count required that Ruiz serve five to five and one half years in state prison. On the remaining cases Ruiz was sentenced to probation to commence from and after (consecutive) the period of incarceration. The probationary period was for three years with one of the conditions being that Ruiz not contact the victim either directly or indirectly. The sentence imposed was at the request of both the district attorney and the defense. During the period of incarceration Ruiz wrote letters to the victim. A probation surrender hearing was scheduled. The judge found that Ruiz had violated the terms of his probation by contacting the victim through the letters. He imposed and additional sentence of one year to one year. Ruiz appealed from the ruling. The Appeals Court affirmed and the Supreme Judicial Court accepted review of the case and reversed.

Typically probation commences once the defendant is released from incarceration. A defendant can be sentenced to probation concurrent with his committed sentence. However a sentence imposing both incarceration and probation concurrent with the incarceration is not common. Such a sentence might be imposed where there is a concern that the defendant will cause trouble during the period of incarceration. This case makes clear however that any condition of probation imposed concurrently with a committed sentence must be clear on the record and the defendant must have notice of that condition.

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The Lowell Sun reported that a forty one year old Dracut, Massachusetts man has been charged with assault with intent to commit murder, assault and battery, and assault and battery by means of a dangerous weapon after he supposedly stabbed his wife nine times with a large butcher knife in front of their two young children. According to the article the victim had recently moved out of the couple's home with their children. The children were visiting with him and around 5:30 the victim went back to the house to pick them up. After a brief discussion the defendant threw the woman down on the ground, stabbed her with a butcher knife and threatened to kill her. The children ran to a neighbor's house. The neighbor returned and pulled the defendant off of the woman. A district court held the defendant without bail pending a dangerousness hearing and a competency hearing. Charges are pending in the Lowell District Court.

Read Article: Lowell, Massachusetts Man Held In Domestic Violence Incident

Competence to stand trial in Massachusetts is governed by Massachusetts General Laws Chapter 123 Section 15. The law states that at any time a judge may order an evaluation to determine whether a person is competent to stand trial. If possible, the examination is to be conducted at the courthouse or where the person his being held. After the examination, the judge may order the person committed to the Bridgewater State Hospital for a period of up to twenty days. The treating personnel at the hospital may request an additional twenty days, or up to forty days for observation and further examination. If the person is found competent the case will resume its schedule. If not, then the case is continued until the person becomes competent.

Competency evaluations are used primarily when people engage in irrational acts or behave in ways that are uncharacteristic. In this case it appears that the defendant "flipped out" possibly due to the deterioration of his marital situation. In almost every case a person is ultimately found to be competent. It may take several months or in rare instances years but trial or a resolution of the case is almost always inevitable.

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Stephanie Lighten and Jennifer Lighten are married. They live in Pittsfield, Massachusetts. Last Tuesday in the late afternoon police responded to a call at the couple's home. Jennifer Lighten told police that her wife Stephanie tried to forcibly inseminate her with a turkey baster and her brother's semen. According to reports Stephanie threw Jennifer on the couch, grabbed at her clothing and threatened to impregnate her. Jennifer broke free and sought shelter in a bathroom. Stephanie broke down the bathroom door. Jennifer the fled the home followed by Stephanie. Witnesses saw the incident continue down the street. Domestic violence related charges have been brought against Stephanie. Right now charges of assault with the intent to commit rape have issued. Police seized the container of semen. The defendant was released on her own recognizance. a "refrain from abuse" order has issued as well. \

Read Article: Domestic Violence Charges For Woman Who Tried To Inseminate Wife

The Massachusetts Abuse and Prevention Act is codified under Massachusetts General Laws Chapter 209A. The act defines abuse as causing harm, attempting to cause harm, threatening to cause harm or forcing someone into sexual relations. The act applies to family or household members; people who are related to one another by blood or marriage, or who reside together, or who have been in a substantive dating relationship. Acts of violence against people falling within this definition are commonly categorized as domestic violence. The underlying act can be a criminal act such as an assault and battery, with or without a dangerous weapon, rape, murder and more. This statute sets out the criteria for obtaining restraining orders in Massachusetts as well.

Here, the article is unclear as to what charges were brought against the defendant. Most likely she was charged with assault and battery. The maximum sentence for a conviction of this crime is 2 1/2 years in jail.

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John Ellement of the Boston Globe reported that a Boston man has been charged with killing his girlfriend of six months shortly after seemingly enjoying their first Valentine's Day together.  Shortly after 3:00 a.m. Sunday the defendant, Mario Gonzalez called Boston Police telling them that an intruder had entered the couple's home and stabbed the victim.  Later however Gonzalez confessed in Spanish to killing the victim.  According to reports, Gonzalez, concerned that Forty might leave him had made certain threats that she likely did not believe.  Members of Forty's family stated that Gonzalez, a Guatemala native admitted to killing someone in his homeland. 

Read Article:  Boston man charged with killing girlfriend, Boston Globe February 18, 2009

Here are some interesting statistics about domestic violence in the United States.  Starting in the mid 1990's, at least 1,500 women were killed annually as a result of domestic violence.  Approximately 33% of all female murder victims were killed in domestic incidents.  About 1/3 of all women's injuries resulting in emergency room hospital visits are the result of domestic violence.  Women ages 20-34 are at the greatest risk for domestic violence.  This case marks the first reported domestic violence death in Boston this year.

To say that Gonzalez's case appears to be difficult to defend is an understatement.  Prior threats of violence against the victim, a bogus story to the police and ultimately a confession are huge hurdles for the defense lawyer to jump.  Fortunately for Gonzalez he has one of Boston's best criminal defense lawyers working for him. 

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On New Years' Eve a Framingham woman contacted the police to report that her former boyfriend, Josue Gonzalez telephonically threatened her and her and her three children.  Specifically, he told her that if she did not give him money he would burn her house down.  A restraining order was in existence at that time.  A police officer told Gonzalez to stop calling. Gonzalez ignored the request and the victim again sought out police assistance.  Police again tried to intercede to no avail.  Four days later Gonzalez called the police to report that the victim was neglecting her children and asked that the children be taken away and placed into state custody.  Gonzalez added that one of the children was being raped.  Officers investigated the complaint and found no evidence of neglect and made Gonzalez aware of their findings.  Gonzalez then threatened to blow up the Framingham Police station.  Police then obtained a warrant for Gonzalez's arrest.  He was located and apprehended last week. 

Gonzalez was charged with stalking, threatening to commit a crime, making annoying phone calls, violating a restraining order and making a false police report.  All charges are pending in the Framingham District Court.  Gonzalez is being held without bail pending a dangerousness hearing. 

Let's take a look at some of the more serious charges; violating a restraining order and stalking.

1.  Violating a restraining order.  This is a crime in accordance with Massachusetts General Laws Chapter 209 Section 7.  The law specifically states that"[a]ny violation of such order or a protection order issued by another jurisdiction shall be punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one-half years in a house of correction, or by both such fine and imprisonment." 

2.  Stalking.  This is proscribed by Massachusetts General Laws Chapter 265 Section 43.  The Massachusetts stalking law states that anyone who willfully and maliciously engages in a pattern or series of acts directed towards someone which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress and threatens that person with the intention of placing them in immediate fear of bodily injury or death is guilty of stalking.  There is a possible 5 year prison sentence.  If the case is handled in a Massachusetts district court the maximum sentence is 2 1/2 years in jail.  If this crimes is committed in violation of a restraining order there is a mandatory minimum 1 year jail sentence you must serve if convicted. 

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