Thirty-two year old Lawrence Massachusetts man Jorge Guzman has been arrested and charged with assault and battery by means of a dangerous weapon, assault and battery on a household member, mayhem, assault and battery on a child under fourteen, and malicious damage to property over $250. The Lawrence Eagle Tribune reports that Guzman threw kitchen furniture around and eventually threw boiling water at his twenty-eight year old girlfriend, Aura Vasquez, and her young toddler. According to reports, Vasquez informed police that Guzman had been drinking and became jealous. An argument ensued that, unfortunately, became physical. Vasquez and her child suffered second and third degree burns on thier faces and other areas of their bodies. Vasquez is being treated at Massachusetts General Hospital and her daughter is at the Shriner’s Hospital.
In Massachusetts, the defendant can be charged with assault and battery by means of a dangerous weapon because the boiling water is the alleged “dangerous” weapon. The case law in Massachusetts defines a “dangerous weapon” as an object that is “per se” dangerous, such as a gun or an object that can that is used in dangerous fashion. For example, a pencil would not be considered a dangerous weapon “per se,” however, if it was used to poke or stab someone it would be considered a “dangerous weapon.” If convicted of this offense a defendant can face up to ten years in state prison or two and one half years in jail.
Although all of the facts are not known in this case, it appears that this case stems from an incident of alleged domestic violence. In such cases, the police often inform the complaining witness of his or her right to apply for an emergency restraining order. If you believe that you are the defendant in a restraining order you should contact an experienced Massachusetts criminal lawyer. In order for a restraining order to issue the complainant must demonstrate that he or she is in reasonable apprehension of immediate physical harm. You must have an aggressive advocate on your side. If you are a defendant in a criminal case and receive notice of a restraining order hearing contact Our Attorney. There are many issues that must be considered such as whether it is prudent for you to speak at the hearing. In most district courts, the restraining order hearings are recorded. Thus, if you speak anything that you say could be used against during the criminal proceeding. It is imperative that you contact a Massachusetts domestic violence attorney to ensure that you understand the consequences of any actions that you take.
Our Attorney has specialized in criminal law for over twenty years. She routinely appears and represents defendants at restraining order hearings, clerk’s hearings and criminal prosecutions. She appears in all local courts including Lowell and Haverhill fighting for the rights of her clients daily. If you need an experienced Massachusetts defense attorney to fight for you contact Our Attorney and she will get to work on your case immediately.