Massachusetts Criminal Defense Lawyer Blog

Michael Herren is back in legal trouble again after being charged with assault and battery in Fall River in the wake of a fight over a betting debt that left a man on crutches, according to the Herald News.

Herren, 40, appeared in Fall River District Court on charges of assault and battery with a deadly weapon and assault and battery. He was released on $500 bail. Police contend his foot was the deadly weapon.

The charges stem from an incident in June outside Raw Martini. Witnesses say Herren was in a fight with a 39-year-old man when the man's 38-year-old brother-in-law also joined the fray. When police arrived, the men told them there was no fight. However, the brother-in-law later filed a police report after determining he had suffered a broken ankle.

The brother-in-law claims he was assault by Herren when he jumped in to try and help the other man, who was fighting with Herren over a $500 bet.

In this case, a defense lawyer will also look at self defense. Regardless of who started the fight, it appears obvious even from the brother-in-law's account, that he jumped into the fray and was subsequently assaulted. Herren told police he was attempting to leave when he was assaulted by both men. And that the victim fell and broke his ankle while jumping up and down in a boxing stance.

In addition, A hearing has also been scheduled to determine whether the arrest violates the terms of his pretrial release on an assault charge filed last fall. In that case, he is accused of pushing his then-girlfriend. He accepted nine months of pretrial probation and was told the case would be dismissed if he stayed out of trouble.

It's another example of why an experienced criminal defense lawyer in Fall River is so important when working out such agreements or when defending yourself against violations.