Massachusetts Criminal Defense Attorney Blog

A six year old Lynn, Massachusetts girl needed shoes brought up to her elementary school. The girl's mother, Rosilda Lopez was called and became upset. The twenty eight year old mother went to the school and hit the girl in the face two times. The reason: wearing the wrong pair of shoes. Another child witnessed the incident. This child told school officials. It turns out that a school surveillance camera caught Lopez committing the act. Lopez has now been charged with two counts of Assault and Battery in the Lynn District Court.

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Lynn, Massachusetts Violent Crimes, Assault and Battery Defense Law Firm

Lynn, Massachusetts Criminal Defense Attorney

So here is the question raised by this case. Just how far can a parent go in physically disciplining his or her child? The answer is not easy. Spanking is a form of Assault and Battery. Yet spanking has not been outlawed in Massachusetts. In 2007 there was a bill placed before the Massachusetts Legislature proposing a ban on spanking. That bill never passed. Nevertheless, in Massachusetts Assault and Battery cases are brought against parents who have hit their children. In my opinion the line between "spanking" and Assault and Battery has not been adequately distinguished by Massachusetts law. There is a proposed jury instruction which read that a "parent, or one acting in the position of a parent and who has assumed the responsibilities of a parent, may use reasonable force to discipline (his/her) minor child. However, a parent may not use excessive force as a means of discipline or chastisement." Yet all of the Massachusetts cases that discuss spanking conclude that the conduct by the defendant was excessive and thus did not constitute spanking but rather an Assault and Battery. As a Massachusetts Criminal Lawyer I would be concerned any time law enforcement got involved in a matter that the parent characterized as a spanking. Chances are strong that such cases will be prosecuted and most judges will not be helpful to the defense in resolving the case.

Here however the situation is likely different. Lopez's actions are not likely to be justified if 1) the videotape shows excessive physical conduct on her part and 2) if the reason was wearing the wrong pair of shoes. Additionally, the involvement of the Department of Children and Families will complicate the defense. Lopez will want to cooperate with DCF to prevent losing custody of her daughter. There is however a risk to doing so with a pending criminal case. Lopez has a Fifth Amendment privilege that most lawyers would advise her to invoke at least until the criminal case is resolved. The conflicting dynamic between the DCF case and the criminal matter will likely lead to an expeditious resolution of the Assault and Battery case.

Continue reading "Lynn Massachusetts Mother Faces Assault and Battery Charges After Hitting Daughter in the Face at School" »

Just a few days ago police officers in Lynn, Massachusetts went to a home on a report of a dispute involving Domestic Violence. They arrived to find the victim bleeding from his head. Officers arrested Wallace Jones, a twenty one year old from Franklin Street in Lynn. Jones' mother told the police that her son and her boyfriend got into a fight after she and the victim were arguing. She further stated that the defendant was attempting to defend her. Jones' mother denied seeing Jones use a weapon to cut the victim. She believed that the injuries might have been sustained when her boyfriend hit his head on a table during the dispute. The charges Jones faces are not mentioned in the article but there it appears that either Assault and Battery or Assault and Battery by Means of a Dangerous Weapon or both will be considered.

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Lynn Massachusetts Assault and Battery Defense Law Firm

Essex County Massachusetts Violent Crimes Defense Lawyer

As a Massachusetts Criminal Defense Lawyer I never promise results for clients. No one can predict the outcome of a criminal case. Rather, criminal lawyers gage the likelihood of success on experiences they have had with similar cases in the county where the particular charge lies. The facts of this case suggest that a dismissal or even an acquittal are on the horizon for Jones. There was no weapon associated with the victim's injuries. The only witness to the crime has told the police that Jones was defending her. This is indicative of an affirmative defense known as the Defense of Others. It permits someone to come to the aid of someone else provided he or she acts within certain parameters. In essence, the law in Massachusetts permits someone to use force if he reasonably believes that someone else is in imminent danger of sustaining bodily injury, that he reasonably believed that force was necessary to defend the person being attacked and that he use no more force than is reasonably necessary to defend against the danger. Absent the use of a weapon it appears from the facts revealed in this article that Wallace Jones can avail himself of this defense.

Also, in this case it is unlikely that the victim, who was also a combatant will testify against the defendant. He has a privilege against self-incrimination and his testimony will open him up to a potential prosecution for Assault and Battery against Wallace Jones. Additionally, very few juries will convict someone who stands up to defend his mother against abuse from her boyfriend. I would be extremely surprised to see this case go to trial or to see anything short of a dismissal of these charges.

Continue reading "Lynn Massachusetts Man Pulls Knife on Mother's Boyfriend, Faces Charges of Assault and Battery " »

Eufemia Abrego was at the Lawrence District Court yesterday showing support or her brother who is facing a Domestic Violence charge involving his wife. The forty five year old Lawrence native approached the victim, her sister-in-law who was sitting on a bench outside of the courtroom. It is alleged that there Abrego told the victim to drop all charges against the accused if she knew what was good for her. This conversation took place twice, the second time in front of a Spanish interpreter. The interpreter however admitted that she never heard the conversation but was told by the victim what Abrego had said. The district attorney's officer was alerted to the conversation. They contacted a police officer who escorted Abrego out of the courthouse and arrested her. Abrego was charged with Intimidation of a Witness.

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Massachusetts Criminal Lawyer Who Defends Intimidation of a Witness Cases

Massachusetts Threatening to Commit a Crime Defense Attorney

The Massachusetts Witness Intimidation Statute is set out in Massachusetts General Laws Chapter 268 Section 13B. The statute says that anyone who deliberately threatens a witness in a criminal case is guilty of witness intimidation. This crime is a felony and is punishable by up to ten years in state prison. Witness intimidation is taken very seriously in Massachusetts and Massachusetts Criminal Lawyers are seeing more and more of these cases being prosecuted. The Abrego situation is different from the majority of cases that my office has recently defended. Abrego's alleged activity took place in a courthouse and was witnessed, at least in part by someone not related to the litigants. The more common Witness Intimidation case in Massachusetts now involves threats made through Facebook or texting, especially among teenagers and younger people. Social media preserves the threats or perceived threats and makes the district attorney's decision to prosecute much easier than it had been in the past. The problem however still lies with proving that the accused is the person who sent the threatening message. Sharing cell phones, smart phones and computers tends to complicate the prosecutor's efforts of establishing who in fact sent the unlawful communication. We have successfully defended countless cases where the threats came from someone other than the defendant but who had access to the defendant's device.

Witness Intimidation charges are often associated with Domestic Violence cases such as here. These cases are highly charged emotional matters that can lead to an unfortunate lack of self-restraint. Where there are witnesses to the incident accompanied by a confession such as with Ms. Abrego, efforts at resolving the case short of trial will likely be sought. Cases like this one can be continued without a finding or pretrial probation can be imposed so Abrego will be best served by having an experienced lawyer represent her.

Continue reading "Lawrence Massachusetts Woman to Face Charges of Intimidation of a Witness After Encounter With Victim in Lawrence District Court" »

Roberto Jordan of Haverhill, Massachusetts was arrested last night and charged with Assault and Battery by Means of a Dangerous Weapon, Domestic Assault and Battery, Assault and Battery on a Police Officer and other related crimes. The crimes are both felonies and misdemeanors in Massachusetts. The incident started around midnight. According to reports Jordan and his girlfriend got into a fight. Jordan was hit in the head. When the police got to the scene they noticed him covered in blood. Jordan then allegedly charged at the officers, apparently striking at least one of them in the process. There were several other people in the area, some of whom might have witnessed the events. Jordan was taken to the hospital. He is being arraigned today in the Haverhill District Court.

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Haverhill, Massachusetts Domestic Violence Defense Lawyer

Boston Criminal Lawyer, Assault and Battery Crimes

So here is the first thing that sticks out to this Massachusetts Criminal Defense Lawyer. The police show up and see Jordan "covered in blood". He then gets charged with Domestic Assault and Battery. Why? What about the person who delivered the blows who put him in this position? Why was this person not charged? The article says that the "victim" was Jordan's girlfriend. I can see a couple of reasons why Jordan was charged and not the girlfriend. The first is that law enforcement has a bias when investigating domestics against males. The belief is that it is the male rather than the female who was the aggressor and the woman needs protection. This is not always the case but the trend is to err on the side of protecting the woman, removing the man from the home and charging him with the crime. The second reason Jordan might have been charged rather than his girlfriend might have to do with the other charges. As I have mentioned in past blog posts, police officers are sometimes very aggressive when arresting or subduing suspects in criminal cases. Some officers have a tendency to "over do it" and end up injuring the suspect unnecessarily. When they do this they tend to charge the person with Assault and Battery on a Police Officer. While this is not always the case I find the most charges of A & B on a PO are reactive charges.

In this case it is reported that there was a crowd that gathered to watch the events. A Massachusetts Criminal Lawyer will embrace this as an opportunity to locate witnesses who might be able to provide evidence that will exculpate the accused, in this case Jordan. My office uses private investigators to go out and interview percipient witnesses. At times we get written statements from these people so that their observations are preserved for trial. Other times we find it more prudent not to get written reports as Massachusetts Rules of Criminal Procedure now require Defense Lawyers to surrender copies to the prosecution. Perhaps some of these people will be able to help out with Mr. Jordan's defense.

Continue reading "Haverhill Massachusetts Man Charged With Domestic Assault and Battery, Other Violent Crimes After Argument Spills Out Into Street" »

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.

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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" »