Seventeen year old Bridgewater, Massachusetts resident Trevor McGarry was at his home the other day when another teenager with whom he had been in conflict went to his house to “fight with him”. According to reports the victim went to McGarry’s house after an earlier altercation with the specific purpose of fighting McGarry. In the course of the fight McGarry ended up stabbing the other individual in the back with a folding knife. The victim removed the knife from his back himself and returned to his home. His parents called the police later that evening. McGarry was arrested and charged with assault and battery by means of a dangerous weapon.
Assault and battery by means of a dangerous weapon in Massachusetts is a crime pursuant to Massachusetts General Laws Chapter 265 Section 15A. This crime can be prosecuted in either the district court or the superior court. Given the circumstances of this case I would imagine that the district attorney will prosecute this case in the district court. If that is the case then the maximum sentence that can be imposed is two and one half years in the house of correction.
I would not be surprised if this case is defended on self-defense grounds. In Massachusetts once evidence of self defense is introduced the prosecutor must prove beyond a reasonable doubt that the defendant did not act in self-defense. You can defend yourself with a dangerous weapon if you have a reasonable ground to believe, that you are in imminent danger of death or serious bodily injury from which you can save yourself only by using deadly force. Where as in this case someone goes to your house with the intent to fight you this defense might be viable. Everyone should feel secure in his home.
Attorney Stephen Neyman has successfully used self defense in the defense of violent crimes cases on many occasions. If you have been charged with a crime in Massachusetts call us at 617-263-6800 or contact us online.
Si usted habla español contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.