In 2004 around 6:00 p.m. Malden, Massachusetts police responded to a call for a woman bleeding. Officers arrived to find the victim in her bed and suffering from facial injuries. It was clear to police that the home had been broken into through a rear door. The man who broke in assaulted and beat the elderly victim who was taken to the hospital. This past Saturday, as a result of a DNA match, Jason Kuzcynski was arrested and charged with home invasion and assault and battery on a person over the age of sixty five. Kuzcynski is being held without bail pending a hearing on dangerousness.
Massachusetts General Laws Chapter 265 Section 18C defines the crime of home invasion in Massachusetts. The law states that anyone who is armed and enters the home of another person knowing or having reason to know that someone is home and uses force on that person is guilty of home invasion. There is a minimum state prison sentence of twenty years for anyone convicted of this crime. The crime of assault and battery on a person sixty or older carries a ten year state prison sentence. With an elderly victim it is likely that the district attorney in this case will not agree to a plea bargain that falls below the twenty year mandatory sentence.
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