Shortly after midnight two men from Lawrence, Massachusetts entered a Park Street home. There, they assaulted, beat and attempted to rob the occupants. The Lawrence Eagle Tribune report that the victim and his girlfriend were at home watching television when Javier Fernandez and Eduardo Amill broke. The assailants demanded drugs and money. According to the man the accused threatened to Rape his girlfriend if he did not comply with their demands. Both victims were taken into the bedroom. The woman was sexually assaulted. The defendants then heard a knock on the door and tried to leave the home. They were met by the police who had been called for a “disturbance” at the home. The man was bleeding and bound. Both Fernandez and Amill were quickly apprehended. Both men will be charged with Armed Home Invasion. Amill had outstanding warrants for Failure to Register as a Sex Offender and for Assault and Battery on a Police Officer. He is also going to be charged with Indecent Assault and Battery, Possession of a Firearm and Possession of Ammunition.
Armed Home Invasion in Massachusetts is one of the most serious felonies. Proving the crime requires the district attorney to prove beyond several elements, all of which appear provable at least from this article. Those elements are that the defendant or defendants entered the home of someone else without consent, that they did so knowingly, that they had reason to know that someone would be home, that they were armed with a dangerous weapon and that they used force or threats on the occupants. From the perspective of a Massachusetts Criminal Lawyer it is going to be difficult for the defendants to simply sit back in this case. Rather, they are going to have to offer some sort of defense that either mitigates their actions or shows that what the “victims” are alleging here never happened.
The Massachusetts Home Invasion Cases that I have defended successfully typically involve some sort of drug deal gone bad. The deal itself usually takes place in the home and the accused were often invited in prior to the problems arising. This fact, if proven defeats the Home Invasion charge in that the defendants were in the home consensually. Factors that help with this defense are the criminal records of the victims, particularly for Drug Offenses. There are still the remaining allegations however once the Home Invasion charge is questioned the remaining indictments are not as strong. Jurors are suspect of witnesses who come into court with baggage. In many of these cases I have found the victims reluctant to come forward. Remember that in this case the police were called to the scene by what appears to be someone other than the victims.
The gun charges will likely be the biggest hurdle for these defendants. Amill has even bigger problems given the existence of outstanding warrants, one involving a Violent Crime. It would not surprise me to see him work some sort of a plea bargain to avoid having to go to trial and to wrap up all of his cases.
The Law Offices of Stephen Neyman defends these cases. We have been doing this successfully for over twenty-four years. You can reach us anytime by calling 617-263-6800. You can also contact us online. We understand how important these cases are and that is why we make ourselves available to talk to you at all times. Call us now to discuss your case.