Massachusetts Criminal Defense Attorney Blog

Cesar Maldonado was at the 8th Street Tavern in Haverhill, Massachsuetts having some drinks. The bartender decided to stop serving him. She then went outside the bar for a break. Maldonado followed her. He entered his van, withdrew a .45, returned and pointed it at her. She ducked. Maldonado left in his vehicle. Someone got a plate number. Later that evening Maldonado was apprehended nearby. Police located the firearm which was determined to be stolen. Maldonado has been charged with Receiving Stolen Property Over $250, Possession of Ammunition, Carrying a Firearm and Assault With a Dangerous Weapon. The case in pending in the Haverhill District Court.

Read Article:

http://www.eagletribune.com/local/x2009599235/Haverhill-man-arrested-after-pointing-gun-at-bartender

Massachusetts Gun Charge Defense Lawyer

If the prosecution can link Maldonado to the gun he is going to serve a minimum mandatory eighteen month house of correction sentence. The district attorney can make the connection by getting Maldonado's prints off of the gun or by having one of the witnesses identify the weapon. Maldonado's proximity to the firearm at the time it was found also factors into the carrying charge. The police do not have to actually find you holding a weapon to get a conviction on these charges. However, if there is no identification of the weapon and it was found at a remote location then this charge can possibly be defended with some success. Search and Seizure issues might be implicated depending on what the police did when they entered the home where the defendant was arrested. The constitutionality of their search will depend not only on their actions but the sequence of events.

Continue reading "Haverhill Man Who Was Not Served Beer Pulls Out Gun, Gets Charged With Gun Possession, Assault With Dangerous Weapon" »

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

Read Article:

Lynn, Massachusetts Man Accused Of Kicking, Choking Pregnant Girlfriend

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

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

David Casey of Peabody is being held on one thousand five hundred dollars bail out of the Lynn District Court. He is charged with Assault and Battery by Means of a Dangerous Weapon and Malicious Destruction of Property. It is alleged that on Wednesday night police from Saugus were called for a report of shots being fired. They arrived to find a man with blood on his hands and his face. They then learned that Casey had driven by a Saugus home and shot at three people on a porch. One of the people was shot in the leg. The victim then chased and caught Casey. The two fought. Casey struck the victim with the gun in the head. The victim then hit Casey in the face several times. Casey was apprehended. No one needed medical treatment.

Read Article:

Gun, Assault Charges for Peabody Man Who Shot at Saugus Man

Saugus, Peabody, Lynn Firearms Defense Lawyers

Cases like this are usually prosecuted in the district court. The Assault and Battery by Means of a Dangerous Weapon charge carries a possible ten year state prison sentence. The weapon charge carries a possible five year state prison sentence. Both are felonies. Both can be prosecuted however in the district court where the maximum sentence is two and one half years in the house of correction. These are serious charges. Most people do not know that even though the weapon used here is a BB gun there is still a mandatory minimum eighteen month house of correction sentence that Casey must serve if he is convicted of this crime. This is why he needs an Experienced Massachusetts Criminal Lawyer to defend him.

Continue reading "Peabody Man Charged With Assault And Battery Dangerous Weapon After Pistol Whipping Saugus Man With BB Gun" »

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

Read Article:

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

Massachusetts Rape Defense Lawyers

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

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

Nicholas Konstadt of Salem, Massachusetts was playing cards at his parent's home. Around 5:00 a.m. he and the other three card players played a high stakes hand. Konstadt had just cashed a paycheck worth about one thousand nine hundred dollars. Konstadt lost and another player picked up the money. They attempted to leave. Konstadt however pushed one of the men into a corner of the kitchen and reached for a knife. The police were called and Konstadt was arrested. Officers found him with the knife in his hand. He was the only one arrested notwithstanding his representation that one of the other players had tried to steal his money and grabbed him by the neck. Konstadt has been charged with Assault and Battery By Means of a Dangerous Weapon in the Salem District Court. Konstadt claimed that everyone had been drinking and that he though the high stakes game was a "joke".

Read Article:

http://www.salemnews.com/local/x1037670271/Man-accused-of-assault-after-he-loses-card-game

According to the article Konstadt intends to bring a complaint against one of the others himself. This is known as taking a cross-complaint. It is a way to try to get the other party to assert his or her Fifth Amendment privilege and refuse to testify against the person initially charged. Sometimes this works and the case gets dismissed. However, in this case that might not be so easy. At least two other people were involved in the card game and saw the scuffle. The district attorney will call them to testify and they probably do not have a privilege. Now, if Konstadt has no criminal record this case might get continued without a finding. The interesting question is who will get the money.

Continue reading "Salem Man Pulls Knife After Losing Card Game, Gets Charged With Assault And Battery By Means Of A Dangerous Weapon" »

In Commonwealth v. Sliech-Brodeur decided earlier this month the Massachusetts Supreme Judicial Court reversed the first degree murder conviction of a woman who killed her husband. The Court recited the following facts:

The victim and the defendant married in 1994. He was sixty. She was forty nine. They lived in West Springfield and Florida during the winter months. The couple had some marital problems centering on finances. In 2004 these problems escalated. There were discussions about divorce and it became evident that that would materialize. On July 28, 2004 the defendant called her son and told him that there was a problem. He arrived at the home and immediately called the police. The police arrived to find the defendant upset and complaining that the victim had hit her. The victim, her husband was found in the dining room dead. He had been stabbed thirty four times in the chest, neck, head and back. It was suggested to responding officers that the defendant had ingested twenty five Klonopins and that she was suicidal. The defendant's home was Searched. Officers found blood in the master bedroom, on the sheets, bed and pillows. The case was defended on a theory of lack of criminal responsibility. The Commonwealth rebutted with its own expert.

On appeal the defendant argued prejudice due to certain pre-trial discovery orders. A lower court judge ordered the defendant surrender its expert's reports, correspondence relating to the defendant, tests and evaluations and the materials supporting their results to the Commonwealth's expert. The Supreme Judicial Court concluded that these discovery orders were violative of the defendants' constitutional rights and granted a new trial. All the a court can order in these situations is that the defendant submit to a court ordered psychiatric examination, not the production of materials protected by the work product privilege, attorney-client privilege or protected by the privilege against self-incrimination.

Read Case:

Commonwealth v. Sliech-Brodeur, July 19, 2010

This case shows the importance of fighting reciprocal discovery orders. Since Commonwealth v. Durham was decided in 2006 prosecutors have pressed judges to order the defense to provide them with any conceivable piece of evidence that might be offered at trial. The Durham case was decided narrowly, 4-3. Thus, challenges to discovery orders, as done here, may create viable appellate issues and the exceptions to Durham will grow. Defense and appellate counsel did a great job in this case.

Continue reading "Supreme Judicial Court Reverses Murder Conviction After Judge Makes Unconstitutional Discovery Orders" »

Kristen Shields of North Andover, Massachusetts was charged in the Lowell District Court with Assault and Battery By Means of a Dangerous Weapon and Assault With the Intent to Murder. According to reports, Shields and her boyfriend were engaged in consensual sexual acts with a thirty nine New Hampshire woman. The New Hampshire woman told the police that the three were having sex and that Shields got out of bed and told the two to continue with their business. Shields then re-entered the bedroom and got jealous. She began throwing objects in the room and took a kitchen knife and stabbed her boyfriend in the chest. Shields admitted to the attack.

Read Article:

http://www.lowellsun.com/ci_15503960?source=rss_viewed

Lowell, Massachusetts Stabbing Defense Lawyer

The crime of Assault With Intent to Murder in Massachusetts is identified by Massachusetts General Laws Chapter 265 Section 18. The law states that anyone armed with a dangerous weapon who assaults another with the intent to murder that person faces a state prison sentence of up to twenty years if convicted. I have written before that these cases are difficult to prove in that the prosecution must show the person's intent at the time the act was committed. The element of intent in crimes of passion often becomes the major point of contention and juries rarely convict people accused of committing this crime. They are much more likely to convict on the Assault by Means of a Dangerous Weapon indictment that usually gets charged in connection with Assault With the Intent to Murder. I would imagine that Shields' sentence in this case will be impacted by the desires of the victim. With excellent representation she might be able to avoid prison time.

Continue reading "North Andover Woman Charged With Stabbing Boyfriend During Threesome Encounter" »

This past Thursday Santo "Macho" Suarez of Lawrence, Massachusetts was arrested and charged with Breaking and Entering, School Zone Violation and Distribution of a Class B Substance, Crack Cocaine. He was also charged with Resisting Arrest and Disorderly Person. According to reports Suarez sold Crack Cocaine to an undercover police officer. As officers attempted to apprehend him Suarez took off in his car. He then abandoned the car and fled on foot. He broke into a home and hid in a closet. He then resisted police attempts to arrest him. Suarez also has a prior conviction for Distribution of Cocaine in Lawrence.

Read Article:

http://www.eagletribune.com/local/x1907084331/Police-Man-hid-in-house-after-selling-drugs-to-officer

Lawrence, Massachusetts Cocaine Distribution Defense Lawyer

Massachusetts General Laws Chapter 94C Section 32A states that anyone convicted of distributing cocaine after having been previously convicted of the same offense shall be punished by a minimum mandatory three year sentence. This is a felony in Massachusetts. The district court does not have jurisdiction over this crime so unless the district attorney agrees to reduce the charges Suarez is going to be prosecuted in the Essex County Superior Court in Salem. Hand to hand sales to undercover officers are very difficult to defend. Experienced Massachusetts Criminal Lawyers who try cases like this one often employ an entrapment defense. This requires the prosecution to prove beyond a reasonable doubt that the defendant was predisposed to committing this crime and that his will was not overborne by aggressive police officers.

Continue reading "Lawrence Man, Santo "Macho" Suarez Charged With Distribution Of Cocaine, School Zone Violation" »

Elias Moya is being held without bail pending a hearing on dangerousness in the Lynn District Court. He is charged with Assault and Battery on a Pregnant Woman and Assault and Battery by Means of a Dangerous Weapon. According to the Lynn Item, Moya who is from Salem, Massachusetts went to the victim's home along with his girlfriend. He got into an argument with his brother and his brother's pregnant girlfriend. The argument grew violent and Moya struck the pregnant woman in her stomach. Moya and his brother fought. They were separated at which time Moya threw a set of keys at his brother's head.

Read Article:

Lynn, Massachusetts Domestic Assault and Battery Lawyer

Assault and Battery on a Pregnant Woman is a felony and prohibited by M.G.L. ch. 265 Section 13A. There is a potential five year prison sentence associated with a conviction for this offense. These cases are usually difficult for the district attorney to prosecuted. Even though police intervention was sought family members tend not to testify against one another after they have had time to cool off. Neither Moya nor his girlfriend was found at the scene. There appear to be no other witnesses to this incident. Thus, only Moya's brother and his brother's girlfriend will be able to make this case for the prosecution. Cases like this one often get dismissed. It would not surprise me to find out the Moya's biggest punishment was getting held in jail during the pendency of the dangerousness proceeding.

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

On April 29, 2010 the manager of a local storage company contacted the Framingham Police to report an incident. He stated that around 6:30 p.m. an employee heard his wife tell someone that they could not urinate on the outside of the business property. The offender then turned towards the woman, penis in hand. She complained. He responded that if she was offended then to stop looking. A male employee then attempted to confront the man who by that time was sitting in his SUV. The driver of the SUV, a police officer pointed a gun at him and stated "move it or get shot; you are interfering with the police". The officers being accused are Scott Brown and Lenny Pini. Apparently the storage facility manager provided police with security videos.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x88774638/Framingham-cop-accused-of-gun-threat

Assault by Means of a Dangerous Weapon Lawyer Massachusetts

Massachusetts General Laws Chapter 265 Section 15B states that anyone who assaults someone with a dangerous weapon is guilty of a felony and faces up to five years in state prison. To proved someone guilty of this offense the district attorney must prove that the accused used "an outward demonstration of force" and that he or she had the "apparent ability to injure" the victim. Certainly brandishing a gun alone would satisfy the elements of the offense. That, coupled with a verbal threat makes the prosecutor's case even easier to prove. The surveillance videotape provides an interesting twist to this case. If the video is clear and corroborates the witnesses' account of the crime the officers are in trouble. If however it is not so clear and tends to show exaggeration on the part of the manager this case becomes more defensible.

Continue reading "Framingham Police Officers Being Investigated For Assault With A Firearm" »

Brandon Payne of Lynn, Massachusetts was arrested last week and charged with the Attempted Murder of Elder Palma. He joins co-defendants Earl Damico and Darkens Bonnett, also charged in connection with last week's shooting. Payne is also facing charges of Possession of a Firearm, Possession of Ammunition, Breaking and Entering in the Nightime, Receiving Stolen Property Valued in Excess of $250 and Possessing a Firearm in During the Commission of a Felony. The case is currently pending in the Lynn District Court but it is expected that this case will be prosecuted in Salem in the Essex County Superior Court. It is expected that Payne will be held without bail as is the case with Damico and Bonnett.

Read Article:

Essex County Massachusetts Firearms, Violent Crimes Lawyer

Boston, Massachusetts Felony Defense Lawyer

Massachusetts General Laws Chapter 265 Section 18B states that anyone who possesses a firearm during the commission of or attempted commission of a felony is guilty of an additional offense, requiring a mandatory minimum five year state prison sentence. If the weapon is a large capacity weapon there is a ten year minimum mandatory sentence. Judges are not permitted to suspend these sentences nor can they place the defendant on probation. This statute gives the district attorney a significant advantage during the plea bargaining process. In exchange for them dropping this charge they will at times offer a reduced sentence on a plea to the other charges. This provides them with great leverage early on.

Continue reading "Arrest Made In Connection With Shooting In Lynn, Suspects Charged With Attempted Murder, Gun Possession" »

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

Read Article:

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

Witness Intimidation in Massachusetts

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

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

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

Read Article:

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

Massachusetts Criminal Lawyer, Resisting Arrest

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

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

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

Read Article:

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

Domestic Violence Defense Lawyers in Massachusetts

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

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

Rafael Diaz of Lawrence, Massachusetts has been charged with Assault With Intent to Murder and Assault and Battery by Means of a Dangerous Weapon after stabbing a patron at a Lawrence nightclub this past Saturday. The victim, Javier Laboy was treated at Lawrence General Hospital and gave a description of Diaz. The police located Diaz at his home. He greeted the officers with a box cutter in his hand. His clothes had blood on them and he had a lump on his forehead. Diaz offered information that suggests Laboy might have been the first aggressor. The case is pending in the Lawrence District Court. If Laboy's injuries are insignificant and Diaz has an unremarkable it is not likely that this case will be indicted to the Essex County Superior Court in Salem.

Read Article:

http://www.eagletribune.com/local/x537290981/Man-stabbed-in-fight-at-social-club

Self Defense in Massachusetts

In Massachusetts if the defense of Self Defense is presented it is the obligation of the prosecution to prove beyond a reasonable doubt that the accused did not act in self-defense. Everyone has the right to defend himself. To do so however the following circumstances must be present: 1) that the defendant had a reasonable belief that he was being attacked or about to be attacked; 2) the he limit the force he uses to that which is reasonably necessary under the circumstances and 3) that he do all he reasonably can to avoid combat. In close cases judges in Massachusetts are supposed to give the defendant the benefit of any doubt and give a self-defense instruction. Depending on what happened at the nightclub self-defense might be an option for Diaz to set out at trial. It would be interesting to see what the patrons who witnessed the incident have to say.

Continue reading "Lawrence Man Arrested, Charged With Assault And Battery After Stabbing At Nightclub" »