Twenty-three year old Fidel Sena, from Peabody Massachusetts, has been arrested and charged with assault and battery by means of a dangerous weapon causing serious bodily injury on a fifty-three year old man. According to The Salem News, Salem police officers responded to a report relative to a fight involving the use of baseball bats. When the police arrived at the scene the fifty-three year old victim was lying on the ground. He was eventually transported to the Salem Hospital for treatment. A witness provided the police with a license plate number and description of the alleged perpetrator. According to reports, witnesses were brought to where the police pulled over the car and they identified Sena as the perpetrator.
In Massachusetts, in order for the Commonwealth to prove assault and battery it must prove that a defendant touched another person without consent. Assault and battery is considered a misdemeanor in Massachusetts because the maximum sentence is a commitment to jail or a house of correction and not state prison. However, the charge of assault and battery by means of a dangerous weapon is a felony because the potential punishment is a commitment to state prison.
If you have been charged with a crime in Massachusetts, you must have an experienced defense attorney on your side. Although all of the facts of this case are not known at this time, filing a motion to suppress the identification of the defendant may be appropriate because it appears that the police brought the witnesses to the suspect for a one on one show up identification. In these types of case, pre-trial motions requesting the circumstances surrounding the identification of the defendant as the perpetrator should be filed to determine the viability of filing motion to suppress the identification of the defendant as the perpetrator.
Additionally, if you have been charged with domestic assault and battery a qualified defense attorney is important to ensure that all of your rights are protected. In the event that a complaining witness applies for a restraining order and you are notified of a hearing relative to the issuance or extension of a restraining order, you must have an experienced Boston area domestic violence attorney on your side. You must be informed of all of your rights and options to avoid making statements and giving testimony at a restraining order hearing that may be used against you at trial or be the grounds for additional charges issuing against you.
Our Attorney is a qualified and experienced criminal defense attorney who has been specializing in criminal law for over twenty years. If you have been charged with a crime or served with a restraining order call Our Attorney and she will get to work on your case as soon as possible.