Massachusetts Criminal Defense Lawyer Blog

A 23-year-old North Smithfield woman has pleaded not guilty to Massachusetts assault charges for allegedly throwing a cup of hot coffee on a marking enforcement officer.

Eyewitness News 12 reported the woman is facing an assault and battery with a dangerous weapon charge in Brookline District Court.

A Massachusetts defense lawyer experienced in handling charges involving an assault on a law enforcement officer should be called to represent anyone accused of a physical altercation with a police officer or security guard.

Police report that the 23-year-old North Smithfield, R.I., woman tossed her hot coffee on the 64-year-old Brookline parking enforcement officer as the officer was writing out a $25 ticket for an expired meter on Tuesday.

The security guard was not hurt. Certainly, whether law enforcement should consider a beverage as a "dangerous weapon" in an assault will be an issue for a Massachusetts defense attorney to contest.

A friend of the defendant's said the security guard instigated the argument; the defendant was released on her own recognizance and ordered to return to court in April.

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A Raynham, Massachusetts man has been charged with a Massachusetts criminal assault and battery with a dangerous weapon after confronting his noisy neighbors with a knife. The Taunton Gazette reported that Manuel Aviles, 55, was arraigned in Taunton District Court last Friday and subsequently released on personal recognizance.
According to authorities, Aviles had "had enough" of the noisy family next door. Last Thursday night, instead of phoning the police, Aviles grabbed a 7-inch butcher knife and confronted his 48-year-old neighbor in the laundry room of their apartment building.
The confrontation ended when the intended victim's wife tackled Aviles. The woman later told police officers that she had "man handled" Aviles and that she could have hurt him if she wanted to.
No one was injured in the scuffle; in fact, Aviles was allowed to return to his apartment with his knife. During their investigation, police reported that Aviles appeared to be intoxicated and that he did not explain why he had failed to call 911.
A Taunton, Massachusetts criminal defense attorney would want to investigate the circumstances surrounding the incident and interview witnesses through the use of a private investigator to prepare a defense to the Massachusetts assault charges.

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A man is facing a slew of criminal charges in Taunton, including assault and Massachusetts drug charges, after police say he led them on a car chase Sunday afternoon, the Taunton Daily Gazette reported.

A Taunton, Massachusetts defense lawyer should be contacted to represent anyone facing serious driving charges or other criminal violations in Taunton District Court. In this case, law enforcement piled on about a dozen serious criminal charges in response to the defendant's reported attempts to flee.

Police accuse the man of stealing a license plate for his girlfriend's car so we could drive the vehicle after its registration had been revoked.

The 36-year-old defendant was spotted about 3:15 p.m. Sunday afternoon, sparking a chase through Hart's Four Corners after police attempted to stop the Honda Civic with stolen plates.

Police report the driver drove over yellow lines passing cars, ran a red light and almost crashed after hitting railroad tracks at high speed. He later fled on foot and attempted to scale a fence.

During a search of the defendant and the vehicle, police reported finding marijuana, prescription medication, heroin and drug paraphernalia.

The defendant was charged with failing to stop for police, driving a vehicle with stolen plates, driving to endanger, assault and battery with a dangerous weapon (a car), possession of a class D drug with intent to distribute, possession of a class A drug, resisting arrest, operating after having his license revoked, driving an uninsured vehicle and unauthorized use of a motor vehicle.

The Daily Gazette reported the man also had outstanding warrants, charging him with receiving stolen property, larceny of more than $250 and larceny of less than $250.

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Two young woman are facing Massachusetts assault and battery with a dangerous weapon and unarmed robbery charges in Waltham District Court in connection with the stabbing of a Bentley University student inside a residence hall, Boston.com reported.

The women, ages 22 and 19, were charged in connection with the stabbing of a male student inside Fenway Residence Hall, according to authorities. Both pleaded not guilty at arraignment in Waltham District Court and were ordered held without bail.

A Massachusetts defense lawyer experienced in handling assault and battery cases should be called to represent anyone facing serious traffic or criminal charges in the Boston area.

The two will face dangerousness hearings on Feb. 10 as well as hearings on whether their personal recognizance bail should be revoked in a separate case pending in Boston Municipal Court.

The 21-year-old victim was taken from the dorm shortly after 3:30 a.m. to a local hospital. He was reportedly in stable condition, according to a university spokesperson.

Bentley police reported one of the defendant's said the victim offered her $50 for oral sex but she refused. One of the women then stabbed the student and the defendants stole $300 from his bedroom, according to police.

The women already face charges in Boston Municipal Court, in a case alleging that they robbed a man who paid them for sex but changed his mind and wanted his money back, Boston.com reported.

Police responding to a 911 call found the student with a large stab wound to the upper chest. He gave a description of the suspects and they were chased down and arrested while running toward an SUV in the visitor's parking lot.

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A Massachusetts assault and battery charge was brought against Brian J. Melfie after he was allegedly involved in a fight over a cigarette lighter. A Massachusetts Assault and Battery charge is brought under Chapter 265 Section 13A of the Massachusetts General Laws.

According to the Attleboro Sun Chronicle news account, Melfie struck the alleged victim who was in a wheelchair with a bottle of rum. A Massachusetts criminal defense lawyer would want to investigate the circumstances surrounding the incident, including what actions the parties were taken prior to the incident occurring. Often, Massachusetts assault and battery charges arise when both parties consume alcohol in excess. Given the unusual nature of the fight, this could be an issue for the criminal defense lawyer in this case.

The Attleboro District Attorney requested $ 5000.00 cash bail in this case which was granted by the judge. Typically, a defendant with little or no record would be released on their promise to appear in court, called personal recognizance. In this case, the defendant had a lengthy record and history of probation violations according to the Attleboro Sun report. A judge considers a defendant's record and history of defaults, meaning history of appearing for court when determining an amount to set as bail. Whenever the Commonwealth seeks bail in a case, a defendant is given an opportunity to oppose the bail request through argument by a Massachusetts criminal attorney.

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A teenager was arrested and charged with assault and battery after a weekend spat with a former friend, the Taunton Daily Gazette reported.

A Taunton, Massachusetts defense lawyer experienced in assault and battery cases might be able to get these charges reduced, or even dismissed. This case is typical of many alleged assault cases, where both parties were clearly involved and police make an arrest to end the argument more than anything else. Real evidence is likely minimal to non-existent and testimony from the alleged "victim" -- if she even agrees to testify or cooperates with any prosecution -- will likely be of minimal value.

Police arrested the 19-year-old HIghland Court woman on Sunday, following the hair-pulling, finger-biting incident, after alleging that she had been the main culprit of the fight in the back seat of a parked car.

When police responded to a domestic-dispute complaint at the Highland Court address shortly before 8 a.m., they found two women outside, one alleging she had been injured by the defendant.

Upon questioning, the defendant did not deny the scuffle with her one-time close friend, but pointed out to police that she had suffered injuries, including a bite on her pinkie finger and scratches on her face.

Police reported that the alleged victim suffered a loss of hair and a laceration to her back after she came to the apartment with another friend to talk to the defendant. She requested immediate medical treatment but declined to be transported to the hospital.

In addition to the defendant's arrest, both woman were advised of their right to invoke a 209a abuse prevention, or restraining, order against one another.

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Charges have been dismissed against a 39-year-old Milton man who was accused of breaking a woman's jaw. And, while the woman's brother and another man still face criminal charges for allegedly beating the man in retaliation, some of those charges have been dismissed as well.

Police often charge everyone involved in domestic assault or criminal assault and battery cases; often the evidence amounts to little more than accusations and finger pointing.

Hiring a Massachusetts criminal defense attorney experienced in defending assault cases in Hingham District Court or Quincy District Court can help protect the rights of those charged with a Massachusetts assault crime.

In this case, the brother, John Walsh, 26, and the alleged accomplice, Michael Captirgno, both of Quincy, are accused of beating Anthony Gaul outside a Rockland Bar where Gaul was a bartender, the Patriot Ledger reported.

They stand accused of beating Gaul with a golf club on Jan. 25 after a fight Gaul had with Walsh's sister, according to records of the Hingham District Court. They faced initial charges of attempted murder, assault and battery with a dangerous weapon and maliciously damaging a motor vehicle after smashing the windshield of Gaul's car, according to the Patriot Ledger.

The attempted murder and malicious damage charges against Walsh have since been dismissed at the request of the Plymouth County District Attorney's Office. Both men are expected to be in court Wednesday for a status hearing on their case.

Charges of aggravated assault and battery against Gaul were dismissed Nov. 30 because of a lack of witness cooperation. Those charges were filed after Walsh's sister, Emily, 23, of Easton, made a criminal complaint in Quincy District Court. Emily Walsh said at a magistrate's hearing that Gaul struck her Jan. 24 and broke her jaw in two places.

Police reported Gaul told them he struck the woman while attempting to defend himself from an assault. The argument reportedly began when the woman said she did not want to be romantically involved.

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In a Massachusetts assault and battery case, self defense is likely to be at issue. When an individual charged with assault and battery asserts a self defense, a Massachusetts criminal defense lawyer needs to learn as much about the victim and alleged aggressor as possible. A case decided by the Massachusetts Supreme Court, Commonwealth v. Adjutant, allows a defendant to offer into evidence prior violent acts of the alleged victim to prove who was the aggressor even if the defendant did not know about these prior acts.

These prior violent acts can be discovered through searching criminal records or through witnesses who know the alleged victim. These acts if a judge admits them into evidence can support a claim of self defense at trial.

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