Massachusetts Criminal Defense Attorney Blog

Roberto Perez is eighteen years old. Authorities allege that on Saturday night he stabbed a sixteen year old male, also from Rockland. The victim was airlifted to a Boston hospital where he was listed in stable condition. Perez is facing charges of Assault and Battery by Means of a Dangerous Weapon and Assault With Intent to Murder charges. Several people called 911 to report a group of people fighting. Responding police found the victim and subsequently found and apprehended Perez. The case is now pending in the Hingham District Court but will likely be indicted and prosecuted in the Plymouth County Superior Court in Brockton.

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http://www.boston.com/news/local/breaking_news/2010/03/man_arrested_in_12.html

Assault With Intent to Murder in Massachusetts

Witnesses have described the incident as a fight. Self-defense is commonly employed to counter allegations that a defendant was the aggressor in a fight. When a defendant utilizes a self-defense argument the burden shifts to the prosecution to prove beyond a reasonable doubt that the defendant did not act in self-defense. Defendants have the right to use self-defense when they reasonably believe that they are being attacked or immediately about to be attacked and that their physical safety is at immediate risk. They can use no more force than is reasonably necessary under the circumstances of the case to defend themselves. The defendant must also try to avoid combat before resorting to force. Depending on how the fight evolved Perez might be able to defend his case on this theory.

Continue reading "Rockland Man Faces Assault And Battery Dangerous Weapon Charges After Stabbing Incident" »

This past Sunday Sokhanara Chea of Lynn, Massachusetts was arrested in Lawrence after allegedly discharging a firearm into the air on Franklin Street. Shortly after midnight police officers patrolling that area heard four to five shots fired in the Common Street area. When they arrived at the scene they observed two men walking away from one another. One of the men opened a car door and placed something in it. Having just seen the police the individual then started to run. When he was apprehended he fought with the police. The firearm was located under the seat of the car. Five shell casings were located on the sidewalk nearby. Chea has been charged with Carrying a Firearm, Discharging a Firearm Within 500 feet of a Building and Leaving a Firearm Unattended. The case is currently being prosecuted in the Lawrence District Court.

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http://www.eagletribune.com/punews/local_story_055003908.html

Lawrence Massachusetts Gun Cases

Carrying a Firearm in Massachusetts is a felony in Massachusetts proscribed by Massachusetts General Laws Chapter 269 Section 10. A conviction of this offense carries a mandatory minimum eighteen months in the house of correction. Discharging a Firearm Within 500 Feet of a Building carries no minimum mandatory sentence. To prove the carrying charge the district attorney must show that Chea had possession of the gun. This begs the question: Did he put the gun in the car? If he did and he was not licensed to carry the firearm he faces the mandatory minimum sentence. The article states that the police did not actually see him place the weapon in the car. Rather, his actions suggested that he was secreting the weapon in the car to avoid detection. This makes no sense. When the police arrived they saw two men walking in opposite directions seemingly trying to avoid the police. One of them, supposedly Chea, opened the car and put the gun in the car under the seat. This takes time and seems unlikely for someone who is trying to escape from a crime scene. A more natural reaction would be to run and throw the gun somewhere. Whose car was this? People in that neighborhood do not usually keep their cars unlocked. If it was Chea's car why would he walk towards it and put the gun inside knowing the police were after him. As to the second charge, there is no indication that anyone actually saw him shoot the gun. This might be a defensible case.

Continue reading "Lynn Man Facing Gun Charges In Lawrence" »

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

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

Massachusetts Carjacking Lawyers

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

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

Yesterday morning at about 9:30 a local taxicab driver called 911 claiming that he had been robbed at gunpoint. The complainant stated that he picked Shayne Sullivan up at his home on 256 Market Street, drove him to an address on Pawtucket Boulevard and then back to 256 Market Street. Sullivan supposedly paid the driver then placed a gun against his head and stole from him some money. When police responded and located Sullivan they were told that he had made some threatening statements. Consequently the SWAT team was called to the scene. Sullivan was apprehended. He was charged with Armed Robbery on a person over sixty years old. The case is pending in the Lowell District Court.

Read Article: http://www.lowellsun.com/ci_14447660

Lowell Criminal Defense Lawyer Robbery Cases

Armed Robbery is a felony that carries with it a possible life sentence. Many times robbery cases are reduced to Larceny so that the case can be prosecuted in the district court. This occurs when the district attorney believes that there can be a fair resolution of the case can be reached without having to send the defendant to state prison. The gravity of the defendant's actions, the impact to the victim and mental health concerns are some factors that can prompt the prosecutor to reduce the charges. Here, the gun was not real, the victim was not physically injured and the defendants' irrational actions (i.e. robbing someone in front of his own home) suggest the possibility that this case might not be indicted.

Continue reading "Lowell Man Suspected Of Robbery Arrested With Help Of SWAT Team" »

Paul Souza, a Boston Police Fire Department lieutenant has been charged with OUI, Malicious Destruction to Property Over $250, Assault and Battery and Failure to Stop from a Police Officer stemming from his involvement in an incident in Braintree this past Friday. According to reports, Souza cut off a car that pulled out of a parking lot in front of him. Souza then confronted the driver, broke his window, shouted obscenities at him and fled. The victim followed Souza. He called the police. Souza then tried to evade the police who ultimately apprehended him. The police detected alcohol on Souza's breath and indicated that he was uncooperative at the time of the stop. The case is pending in the Quincy District Court.

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http://www.boston.com/news/local/massachusetts/articles/2010/02/16/boston_firefighter_charged_in_braintree_road_rage_incident/

Quincy, Massachusetts OUI, Assault and Battery Lawyers

Cases like this are difficult for Massachusetts Criminal Defense Lawyers to defend successfully at trial. The district attorney would use Souza's behavior as his or her best evidence of the OUI charge. They would argue that alcohol either triggered his violent behavior or prevented him from maintaining his composure. Trying to evade the police and being aggressive upon apprehension are also factors that would support their position. Given Souza's rank it is unlikely that he has a criminal record. I would imagine that his lawyer will be successful in getting these charges continued without a finding. A consequence will probably include the 24D program and perhaps anger management counseling. I am willing to bet that this case does not go to trial.

Continue reading "Boston Firefighter Charged In Quincy With OUI After Road Rage Incident" »

Eugenio Echevarria and Franklin Echevarria have both been charged with Robbery after a deal for the purchase of tire rims went bad. According to reports, the victim is a nineteen year old Brockton man who had agreed to buy the rims from the Echevarrias. The three met and agreed to a price of nine hundred fifty dollars. The victim then left to get some money. When he returned he got into the defendants car. A gun was placed to his head, his money was stolen and he was ordered out of the car. Police arrived, located the defendants and found the money. No firearm was located. The Echevarrias have been charged with Armed Robbery. The case is pending in the Quincy District Court.

Read Article: http://www.enterprisenews.com/news/cops_and_courts/x814065553/Two-charged-with-robbing-Brockton-man-in-Quincy

Quincy, Massachusetts Armed Robbery Cases

Cases like this one are often defended successfully by Experienced Criminal Defense Lawyers in Massachusetts. There appears to be much more to this case than has been reported by the purported victim. If the Echevarrias had robbed this man and believed they were going to be apprehended they would do much more than get rid of the gun. They would have gotten rid of the money as well. There is no evidence other than the word of the victim that a crime occurred. Perhaps he regretted the deal he got himself into and this is how he intends to get his money back. This is a great case to defend and it would not surprise me to see the defendants get acquitted. This does not look like a true Massachusetts Armed Robbery Case.

Continue reading "Quincy, Worcester Men Charged With Armed Robbery Of Brockton Man" »

Jamald Harrold is facing charges in the Essex County Superior Court in Salem, Massachusetts for Assault With a Dangerous Weapon, Trafficking Cocaine, Receiving a Stolen Motor Vehicle and a School Zone Violation. The case stems from a December 22, 2009 incident where Harrold got into a confrontation with his former girlfriend's brother. It is alleged that Harrold pulled a knife on the man who in turn armed himself with a baseball bat. Police were called. When they arrived they observed the defendant in a motor vehicle that had been reported stolen a few days earlier. Inside the car the police found over twenty eight grams of cocaine.

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Lynn, Massachusetts Man Looking At 7 Years Mandatory For Dealing Cocaine

Trafficking Cocaine in Massachusetts

The sentence for Cocaine Trafficking in Massachusetts rests primarily on the quantity of the substance that was sold or intended for sale. Over 28 grams mandates a five year state prison sentence. Add another two years to that conviction due to the school zone violation. The defenses to this case likely involve the ability of the prosecution to convince a jury beyond a reasonable doubt that Harrold knew that the drugs were in the car. Keep in mind that Harrold was charged with Receiving a Stolen Motor Vehicle, not Larceny of a Motor Vehicle. Implicit in this is the fact that he did not steal the car. It is also conceivable that whoever he borrowed the car from took never let him know that the car was stolen. Similarly, it is not inconceivable that that person was responsible for the drugs in the car, not Harrold.

Continue reading "Lynn Man Charged With Trafficking Cocaine, Receiving Stolen Motor Vehicle Held On Bail" »

Prosecutors in Lynn, Massachusetts allege that early Monday morning during a snowstorm a man was taping up a window of his car. Three men pulled up in another vehicle, approached him at gunpoint and forced him into their car. The victim was held for a brief period of time during which the assailants took from him a cell phone. The victim was then released and the defendants drove off. The police later caught up to the defendants and upon initial inquiry observed the firearms in their vehicle. The defendants, Jose A. Sanchez of Danbury, Connecticut, Josue Marrero of Framingham and Jose M. Sanchez of the Bronx have been charged with Armed Robbery, Kidnapping, and Possession of a Firearm. The case is now pending in the Lynn District Court but will likely be prosecuted in the Essex County Superior Court in Salem.

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Robbery, Kidnapping, Gun Possession Charges Issue Against 3 In Lynn

Carrying and Possession of Firearms in Massachusetts

Massachusetts General Laws Chapter 269 Section 10(a) makes carrying a firearm in Massachusetts a felony. The law states that anyone who knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. Eighteen months of this sentence must be served.

Armed Robbery in Massachusetts

Armed Robbery is a life felony proscribed by Massachusetts General Laws Chapter 265 Section 17. To be convicted of this crime the prosecution must show that the defendant was armed and that he stole the property of another person. In this case it is alleged that the defendants used guns to rob the victim of his cell phone which, if proved beyond a reasonable doubt would satisfy the elements of the crime. If convicted a judge could sentence the defendants to life is state prison.

Continue reading "Three Arraigned In Lynn District Court On Charges Of Robbery, Kidnapping, Carrying A Firearm" »

On December 30, 2009 police on Cape Cod searched an apartment located at 6A Holly Street in Onset, Massachusetts. There they found prescription drugs, a large quantity of cocaine, an assault rifle, a handgun and ammunition. Both weapons were loaded. At the scene were Manuel Pina-Agee and Amanda Muller, both of Wareham. Both were arrested that night and charged with drug and gun violations. Not present was Theodore Lopes who has also been charged with these offenses. Police have been searching for Lopes since the home was searched. Lopes has been charged with Trafficking Cocaine and Gun Possession, both felonies in Massachusetts.

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Police Search For Cape Cod Resident Charged With Drug Trafficking, Gun Possession

When looking at this case any Plymouth County Massachusetts Drug Defense Lawyer who handles cases in Wareham would immediately want to know how is it that three people have been charged with these crimes. When a home is searched and more than one person is present there is always an issue as to who had ownership or possession of the illegal items. Simply being present where a crime is being committed is insufficient to sustain a conviction. In these cases motions to dismiss are usually filed and are often successful. Here is another thought. Why is Lopes being charged with these crimes? The article suggests that he was not present when the search took place. Had he been he would have been arrested. It is difficult and many times impossible for the district attorney to legally link someone to criminal activity when the person is not present, particularly in the case of drug matters and searches. This might very well be the type of case that Lopes can win.

Continue reading "Three From Wareham Charged With Drug Trafficking, Gun Possession After Search Of Apartment " »

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" »

Krysty Sampson of Abington, Massachusetts was awakened Thursday morning by a man standing at the foot of her bed, carrying a knife and demanding money. Apparently Ms. Sampson chased the intruder from her home and down the street. A neighbor witnessed these events and called the police. Ms. Sampson's yell for help during the incident alerted the neighbor to the problem. Police officers responded and noticed a strong odor of marijuana coming from the basement. They investigated and found growing equipment and eighty three marijuana plants. Ms. Sampson's husband was not home at the time however both have been charged with Cultivating Marijuana. The case is being prosecuted in the Brockton District Court.

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Possible Possession With Intent To Distribute Marijuana Charges Loom Over Abington Home Invasion Victim

Cultivating Marijuana in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 94C Section 32C. The law states that anyone found guilty of this crime can be sentenced for up to two years in the house of correction. This crime is a Misdemeanor in Massachusetts meaning that the punishment for the crime itself does not include a state prison option. A Massachusetts Criminal Defense Lawyer with Experience in Brockton Courts might be able to get this case continued without a finding, particularly if the defendants do not have criminal records.

Continue reading "Victim Of Massachusetts Home Invasion Charged With Drug Crime After Responding Police Officers Find Marijuana Plants Being Cultivated In Basement" »

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" »

Just before Thanksgiving Massachusetts Police set up a sobriety checkpoint in North Andover, Massachusetts. According to many reports Kenneth Howe, a forty five year old father of three was a passenger in a car being driven by a friend. The car was pulled over at the sobriety checkpoint. Howe might have had a marijuana cigarette in his possession that he was trying to extinguish. When asked to get out of the car he jumped out of a window, supposedly struck an officer and attempted to run away. He was quickly apprehended. Other reports suggest that Howe was dragged out of the car by a female trooper who claimed that Howe had assaulted her. A friend of Howe's who was present at the time stated that up to twenty police officers descended on Howe. The lawyer for Howe's family, Frances King commented that the "police acted like savage beasts" and that a witness overheard officers stating it was a "good thing we had flashlights". Howe was taken to the police barracks in Andover where he collapsed during booking. He was taken to the Lawrence General Hospital where he was pronounced dead.

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Massachusetts Man Dies After Struggle At Sobriety Checkpoint

Almost every time I have a client who has been charged with Assault and Battery on a Police Officer the client comes into my office looking pretty beat up. There is no secret in Massachusetts Criminal Legal circles that this charge is filed anytime the police get overly aggressive with a suspect. Defense attorneys, judges and prosecutors know this and often the result of the case; i.e. a dismissal of this charge reflects this sentiment. The best thing defense attorneys can do in a case like this is go to the crime scene and look around for surveillance cameras. Post 9-11 many businesses and government structures such as schools, highways, bridges and even police vehicles have installed videotaping equipment to monitor suspicious activity. In this case, if there is video evidence of this incident I have no doubt that Attorney King will find it. She is an excellent attorney who knows firsthand how law enforcement officers operate.

I am more curious to see how the Essex County District Attorney's Office handles this case. If Attorney King's witnesses' account of this event is accurate, what will Mr. Blodgett do? Twenty or even ten police officers beating a man to death at a sobriety checkpoint is nothing short of murder. How can these actions be justified? How injured was the female trooper? Did she go to the hospital? The law on self-defense in Massachusetts is clear. You can use no more force than is necessary to defend yourself. Was it necessary to use force sufficient to kill Howe? And would it not make more sense for an independent agency to investigate this case? After all, Mr. Blodgett's office prosecutes cases that many of these officers have investigated. If ten or twenty civilians went to the aid of a female friend or colleague who claimed to have been struck by a stranger and beat him to death you can be assured that Mr. Blogdett would respond with indictments. One thing you can be sure of. If Jonathan Blodgett does not properly investigate this case, Frances King will.

Continue reading "Did Massachusetts Cops Beat Man To Death At Sobriety Checkpoint In Essex County" »