Massachusetts Criminal Defense Attorney Blog
Twenty three year old Benjamin J. Sciucco, 23 was at the Tavern at the Square, a new bar in Salem, Massachusetts this past weekend. Just before closing time he struck another bar patron with a glass beer mug. An employee of the establishment located a Salem Police Officer who was near the bar and reported the incident. Using the description given by the employee the officer located Sciucco and made an arrest. Sciucco has been charged with assault and battery by means of a dangerous weapon and possession of marijuana. The case will be prosecuted in the Salem District Court.
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It is not that often that someone simply hauls off and hits someone in the face with a beer mug. Typically there was some sort of provocation or instigation that prompted the act. In terms of using this as a defense the law in Massachusetts places limits on the use of force. In order to avail yourself of the use of a dangerous weapon in the course of self defense the defendant must reasonably and actually believe that he was in immediate danger of great bodily harm or death. He must have done everything reasonable in the circumstances to avoid physical combat before resorting to force. He also cannot use more force to defend himself than was reasonably necessary in the circumstances. If the defendant intends to use this defense in this case much will depend on the actions of the person he struck with the glass mug.
Attorney Stephen Neyman has been defending Violent Crimes in Massachusetts for over twenty years. Anyone charged with a crime should immediately hire a Criminal Defense Lawyer. Our office can be reached by calling 617-263-6800 at all times. We can be contacted online as well.