Massachusetts Criminal Defense Lawyer Blog

In a Massachusetts assault and battery charge, one of the common defenses is known as self-defense. If the theory at trial is self-defense, the Massachusetts criminal lawyer is conceding that the defendant struck the complaining witness, but is arguing that the use of force was justified.

Self-defense is often asserted in assault and battery charges arising out of bar room fights. In these types of cases, a defendant has to establish that the use of force was reasonable and justified and no more than necessary to deal with the threat to the victim or a third party. When given, the jury instruction on self-defense is very favorable to a defendant.

In self-defense cases, a criminal attorney in Massachusetts will want to learn as much about the complaining witness as possible to discover whether the complaining witness has any prior violent acts. Under the case of Commonwealth v. Adjutant, 443 Mass. 649 (2004). a criminal lawyer in Massachusetts can admit prior violent acts of the victim to prove the identify of the first aggressor in a self-defense case. A defense attorney is permitted to introduce this evidence regardless of whether there client new of the prior violent acts as long as the procedure set forth is followed in the case. The Adjutant Court requires that the defense attorney provide notice of the intent to admit this evidence prior to trial.

Continue reading "Understanding the right of self-defense in Massachusetts assault and battery charge" »

A judge of the Milford District Court lowered the bail in the case of Jose Saeteros accusing of stabbing a man with a broken beer bottle on Christmas Eve. Bail in all Massachusetts criminal cases is set at the arraignment date. The bail in this case was lowered from that set by the clerk magistrate. The report on Saeteros' case was made by Brian Benson of the Milford Daily News.

The issue of bail can be revisited at any point during the case. In order to have the bail amount readdressed, a Milford criminal lawyer must present evidence of a substantial change in circumstances to warrant the court changing the bail amount.

As a Massachusetts criminal attorney, often bail can be readdressed if the Commonwealth fails to provide discovery in a timely manner. Other issues such as delay in the prosecution of the case caused by the Commonwealth can be a basis to readdress bail, such as when a motion or trial is continued at the request of the Commonwealth. Additionally, bail can be changed when new evidence surfaces that cast doubt on the strength of the Commonwealth's case that was not available at the arraignment date.

In the case of Saeteros, the initial bail was set by a magistrate of the court. When an individual is brought to court, a judge is not bound by the bail amount set by the magistrate and makes an independent determination of what bail is fair to ensure the defendant appearance in court. In some cases, a defendant can ask the court to reconsider the bail set by the court, either by taking a bail appeal to superior court or asking the judge to readdress bail.

A teen from New York who attends Dean College in Franklin was recently arrested and charged with robbery and assault in Attleboro.

The juvenile pleaded not guilty to these serious college campus crimes in Wrentham District Court, the Boston Herald reports.

There are serious consequences if a young person is convicted. For a teen already in college, they could risk being suspended or completely kicked out of college. This can lead to a major hurdle in preparing for a future career or getting into another college or university.

In cases of robbery or other theft crimes in Massachusetts, police need to have substantial evidence to show the suspect stole from another. If they can't recover the stolen goods, that can be a big hit to their case.

In this case, 18-year-old Kirk Dudley of Staten Island faces up to 10 years in state prison if convicted of the charges. He was released on $2,000 cash bail and returned home, his Attleboro criminal defense attorney said.

The college has already expelled Dudley, who is accused of attacking a 19-year-old classmate. Dudley allegedly attacked the other teen, whom he thought had stolen a pair of sneakers. Eight other students are considered "suspects" by police in an ensuing fight. The college has expelled them, but the Herald isn't naming them.

The attack was caught on video tape, the newspaper reports. The sneakers were worth well over $200. The attack happened Dec. 2, but police didn't find out until nearly a week later, after a video allegedly showing the attack surfaced on the Internet.

According to the news article, the suspect verbally challenged the victim and then struck him several times with his fist. He then removed the expensive shoes from the alleged victim's feet and struck him with the shoes. Police believed the victim, who reportedly provided proof that he purchased the shoes in September.

The Massachusetts criminal lawyer says he plans to challenge the validity of that purchase and show that the shoes that were taken back from his client belonged to him.

As in any criminal case, there is much to be disputed. For one, the validity of the video will be key since police didn't find out about the alleged crime for a week. If the victim wanted to press charges, he should have reported the incident immediately. Determining whether the video was altered in any way could make a big difference in the case.

Prosecutors may also have problems showing that the property in question was stolen. Who owned the sneakers may be paramount to the case.

Continue reading "Dean College Student Pleads Not Guilty to Massachusetts Assault Charges in Sneaker Beating" »

Former Boston Bruins Coach and Hockey Analyst for NBC and Versus was charged with a Massachusetts assault and battery against an 12 year-old boy who was involved in a fight with his son during a hockey game. Milbury's criminal defense lawyer claims that Milbury broke up a fight between two players and did not strike, injure or threaten anyone. This was reported in the Boston Herald.

The Brookline police have secured video of the incident and have asked for any person in attendance who has video to turn the video over to the police department. It is very common for videos of alleged criminal activity to be recorded by someone present on a cell phone camera. Given the technology, these videos can be of very high quality and can result in a quick resolution of criminal charges. Clearly, the video tape evidence will be the key element in determining what occurred.

This week charges of Indecent Assault and Battery were dropped against Patriot's Receiver Julian Edelman after video tape of the incidence showed that the charges could not be proven in court.

Both the Milbury and Edelman case demonstrate that it is easy to have criminal charges in Massachusetts brought. Police can make an arrest and bring serious criminal charges based on the complaint of a victim even without having all of the evidence.

Based on the news account, it appears that Milbury would have a very defensible case at trial. if the case were to proceed to jury trial, it would be heard in the Dedham District Court as cases from Brookline are transferred to Dedham for trial.

A Marlborough man is being held in connection with an alleged domestic violence incident involving his girlfriend, reports The MetroWest Daily News.

Charges of assault and battery in Westborough are typically filed by authorities in cases where there is some type of fight or domestic dispute. The severity of injuries sustained by the alleged victim goes a long way toward prosecutors determining what type of charge to bring.

This is a commonly filed charge in domestic assault and battery incidents in Massachusetts. And these charges, while somewhat common, can be some of the most difficult cases to bring for prosecutors. Massachusetts criminal defense lawyers have seen that many times, the charges come down to one person's word against another's, which can be tough for jurors to determine.

When police are called to a person's house after an alleged victim calls 911 to report a domestic incident, they have to make a snap judgement, based often on which person seems most credible, who is bigger and who has more scratches or bruises. This is a difficult task and many times, police take the stereotypical way out and choose the man as the suspect and the woman as victim.

Jason Cavooto, 36, is charged with assault and battery with a dangerous weapon, assault and battery and threatening to commit a crime, the newspaper reports. He is already facing charges of running a methamphetamine lab out of his shed and carrying a gun without a license. The case is being heard in Middlesex Superior Court.

In this case, a Marlborough District Court judge ordered him held without bail after it was discovered he had the open case in Middlesex Superior Court. Bail was initially $10,000.

According to the newspaper's account Cavooto's girlfriend told police that they were sitting with a friend at their house when she said something to him. He cussed at her and punched her in the arms and stomach, which caused her to throw up, she said. He allegedly backhanded her, which knocked her out.

Later that night, according to police, he punched her in the mouth and split her lip. He is accused of throwing her into the kitchen table, cutting her back and breaking a mirror. He also allegedly grabbed her by the throat and choked her the next morning. When he called the next day, he allegedly threatened her and while the phone was still connected, told a friend he was going to kill her.

In Massachusetts, in order to find a person guilty of assault and battery, the state has to prove three specific elements:

• That the defendant touched the person without having the right to do so


• That the defendant intended to touch the person


• That the touching either was likely to cause bodily harm or was done without consent

Continue reading "Marlborough Man Charged With Massachusets Domestic Assault and Battery" »

An off-duty Mansfield police officer was credited with breaking up a daylight brawl between three men who had tire irons and a knife, the Taunton Daily Gazette is reporting.

Self-defense is one of the most commonly acknowledged theories of defense portrayed on television criminal shows and in novels. But in assault and battery charges in Attleboro, can also be a legitimate defense. In this case, the presence of weapons will complicate the defense and will likely enhance the charges faced by the defendants.

If someone is attacked, either with fists or weapons, they have a right to defend themselves. If you are arrested, the skills of an experienced Massachusetts criminal defense lawyer can aid in explaining this to a jury. Too often, police just make an arrest, regardless of who is right or wrong at the scene.

When violent acts take place, police can sometimes have a tough time sorting out the pieces. If the victim and suspect are both pointing fingers at each other, it can be independent witnesses, video surveillance or even physical evidence that can point to the truth. A skilled lawyer can get to the bottom of the case.

In this case, according to the newspaper, Michael Dutra, 56, and John Carveiro, 48, allegedly told police they thought Reginald Jenkins, 44, had stolen $50 they accidentally dropped outside a package store. When they realized the money was missing, they remembered seeing Jenkins reach down in the parking lot and pick something up, the police report states.

They drove around hoping to spot Jenkins and they found him walking in a nearby parking lot a few blocks away. They allegedly both got tire irons from their pickup truck and began swinging at Jenkins. He also got a tire iron from the pickup truck and tried to defend himself, but was hit in the head and arm. He was also stabbed in his back by someone carrying a knife.

Police say that an off-duty police officer from Mansifled, Jeffrey Danner, was driving nearby and saw the brawl as it took place. Once Jenkins hit the ground, Danner pulled up, exited his vehicle, pulled out his badge and a handgun and ordered them to stay put.

Carveiro was charged with two counts of assault and battery with a dangerous weapon, two counts of carrying a dangerous weapon and one count of disorderly conduct.

Jenkins is charged with assault with a dangerous weapon, disturbing the peace and disorderly conduct. The newspaper didn't have details of the charges Dutra faces.

In this case, according to the newspaper and police reports, it appears clear that Jenkins was the victim and yet he faces charges. Had the other two men not allegedly stopped to start the fight, he wouldn't have been involved. And after they grabbed weapons, he would have been foolish to stand by and allow them to beat him.

One can only hope that Jenkins gets an experienced and dedicated Massachusetts criminal defense lawyer to straighten things out with the prosecution in order to avoid any long-term consequences as a result of these charges.

Continue reading "Brawl in Taunton Broken Up By Off-Duty Police Officer results in Massachusetts Assault and Battery charges" »

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.

Continue reading "Herren Facing Massachusetts Assault Charges in Fall River District Court" »

The alleged attackers of a man beaten at the Comcast Center in Mansfield entered innocent pleas in Attleboro District Court recently, The Sun Chronicle.

The newspaper reports that the 19-year-old victim was beaten so badly he was initially put into a medically induced coma at Boston Medical Center to aid his breathing.

Doctors also removed a spleen ruptured from repeated punches and kicks, the article states. The six suspects are charged with felony assault charges.

Felony assault charges in Attleboro are typically filed when a weapon was used or when the defendant suffers serious injuries.. How charges are filed can have a big impact on a sentence. An experienced Attleboro Criminal Defense Attorney can sometimes succeed in arguing for lesser charges.

According to the news article, the beating happened during a Tim McGraw concert and one witness described the beating as being so loud she could hear it over the music. The victim said he made a comment to a woman about her tattoo before he was attacked by several people he didn't know. Witnesses allegedly pointed out the suspects.

All six are charged with aggravated assault and battery with disorderly conduct. Anderson is also charged with aggravated assault and battery by means of a dangerous weapon -- a shod foot -- according to the article.

Some of the suspects say witness accounts vary, which may make the case tough for prosecutors. Another says they may have been involved in a fight, but not the larger beating alleged by police. Self-defense is being alleged as well.

In cases where there are many witnesses and many suspects, the facts can be difficult to prove. Being able to show, beyond a reasonable doubt, that each particular suspect was involved, can be a tall order.

Many times, the state will try to convince some of the least-culpable defendants to enter into a plea agreement in exchange for a lighter sentence so that prosecutors can use their testimony against the co-defendants. If the alleged suspects didn't provide statements to police, it only bolsters their case because they haven't implicated each other in the crime.

Assault and battery charges in Massachusetts can be punished by up to 2 1/2 years in prison and a $1,000 fine. Assault or battery with a dangerous weapon is a felony punishable by up 10 years in prison. It's obvious that these charges are serious and can have long-term implications.

In this case, one of the defendants is charged with using his foot as a dangerous weapon. It can be debated whether or not a person's foot should be considered a "dangerous weapon." If not, it's possible to have the charge downgraded to a less-serious charge or have it thrown out altogether.

That's why hiring an experienced attorney is critical. Debating the issues, investigating the facts and finding holes in the state's cases can make a big difference in whether a defendant is convicted and the potential penalty he serves.

Continue reading "Six Enter Innocent Pleas in Connection With Mansfield Beating" »

A Brockton man will need to hire an experienced Worcester criminal attorney after being charged with assault and battery as a result of a bar room brawl. Alexis Collado-Ortiz of Brockton was charged with assault and battery and held on $ 5000.00 cash bail out of the Milford District Court after allegedly kicking a man in the head outside of a Portuguese Club.
This is according to a new account written by Ashley Studley of the Milford Daily News.
The case against Collado-Ortiz involves allegations that he jumped out of a car and kicked and punched the alleged victim leaving him lying on the side walk with severe injuries.

The Milford, Massachusetts criminal lawyer argued during the bail hearing that this incident was a brawl involving a large number of people that were heavily intoxicated. Accordingly, at trial, the defendant could have a number of potential defenses, that he did not cause the injuries during the brawl, that he acted in self-defense or the defense of a third party. It appears to be in dispute from the news account how many people were involved and how the incident occurred. This may require the hiring of an investigator to interview potential witnesses. As a Massachusetts criminal attorney, in some cases like assault and battery, domestic assault or a sex crime, a criminal lawyer will hire an investigator to interview witnesses. It is perfectly permissible for a lawyer to interview witnesses to see if their statement is consistent with any version in the police report or to find out what a witness can add to the defense of the case. It is common for witnesses and even the victim of a crime to have a different version in the police report, and if this can be learned prior to trial in may be beneficial to the defense of the case.

A special Olympics coach was arraigned on charges that he slapped his mentally disabled son. George Chin was arraigned in Framingham District Court on charges of assault and battery. At his arraignment, according to the MetroWest Daily News, Chin tried to defend himself against the charges.

As a Framingham criminal lawyer, many times those charged with a criminal offense do not understand the purpose of the arraignment and believe that a case goes directly to trial. On the first court date for any criminal case, a defendant faces a hearing called an arraignment. A Massachusetts criminal arraignment is to formally advise a defendant that criminal charges have been initiated and to determine if any bail is necessary to ensure the defendant's appearance in court.

In Chin's case, he did not have any criminal record; consequently, bail was not an issue and the arraignment was brief and merely to inform him that criminal charges had been issued. The judge of the Framingham District Court properly instructed Chin not to speak about the case as the court proceedings are taped and any statements could be used by the Commonwealth to prosecute the case.

Charges of Assault and Battery in Framingham, Massachusetts can be brought by an alleged victim claiming that another person improperly struck or touched that person without consent. In some cases, Massachusetts assault and battery charges can involve two differing versions. In Chins' case, it appears that two staff members are claiming that he struck his son as a result of his performance playing tennis. It appears that the facts of what occurred will be heavily disputed and require a trial to resolve. That trial will not take place on the next court date as the next court date in a criminal case is generally a pretrial hearing. Following the pretrial hearing, the case can be scheduled for trial.

Continue reading "Framingham, Massachusetts criminal lawyer discusses the arraignment in a Massachusetts assault and battery charge" »

Seven people have been arrested on assault charges in Attleboro, as well as charges of disorderly conduct and disturbing the peace, after a 17-year-old was injured in a Sunday incident on South Main Street, the Sun Chronicle reported.

The teen was kicked unconscious during the incident after reportedly being approached by three individuals. An Attleboro criminal defense lawyer should represent two defendants, ages 16 and 17, who were arrested for disorderly conduct and disturbing the peace. These charges can often be reduced or dismissed. Even misdemeanor charges can impact a teen's ability to get a job or qualify for student loans or other government assistance. Joining the military can also be a problem for those with a criminal record.

Additionally, a defendant may be face more serious charges in cases where an assault leads to injuries more serious than first thought. In this case, the victim was transported to Rhode Island Hospital in Providence, where he was treated and released.

Ashley Kazana, 19, was charged with armed robbery and was being held on $5,000 cash bail. Police say the victim reported his backpack, wallet and cell phone missing. Those items were not recovered during Kazana's arrest but police continued to seek two other unidentified suspects as part of the investigation.

In a separate incident, police responded to a gathering of about 20 people near Pine and School streets. The group had reportedly gathered in response to the earlier incident and some of the participants were armed with knives and machetes.

Continue reading "Assault Charges brought in Attleboro District Court against seven individuals" »

A fire captain is facing assault charges in Taunton in the wake of an October incident with a local businessman, the Taunton Daily Gazette reports.

Taunton criminal defense lawyers see similar cases from time to time; whether a code violation, fire-safety issue or issues related to local politics or city government, such accusations can have a serious impact on the career of a city employee or public servant. When such charges are not taken seriously enough, or are not properly defended, job loss and other serious consequences can result.

Fall River police report the alleged victim, Michael O'Donnell, lodged the complaint on Oct. 12, the day of the incident; he accuses Capt. Robert Bastis of grabbing him by the throat and throwing him to the ground in Fall River Housing Court.

The defendant is set to be arraigned in Fall River District Court on April 8.

A magistrate decided there was probable cause to proceed with the case. It's important to understand that the threshold of evidence necessary to charge a defendant -- probable cause -- is not as high as that needed to convict a defendant. A conviction requires a higher burden of proof.

The incident occurred as the two were leaving Housing Court and was witnessed by a number of city officials, including a building superintendent, a building inspector and the city solicitor. O'Donnell has been in court on numerous occasions, defending himself against charges by the city that the Leonard Block/Star Theater building is unsafe and violates building and fire codes.

City officials claim the theater is a fire hazard to adjacent buildings, including City Hall, which has been closed since police say an arsonist set fire to the attic in August. The fire chief said the department had no policy requiring a suspension for an employee facing criminal charges and as far as he was concerned the captain was acting in self defense.

Continue reading "Fire Chief facing Assault Charges in Fall River District Court" »

A police officer is facing a domestic assault charge in Boston after allegedly assaulting his wife at their Roxbury apartment, according to a report in the Boston Globe.

A Massachusetts domestic violence defense lawyer understands how important it is to defend yourself against charges of domestic assault and battery in Boston or elsewhere in Massachusetts. Members of the military or those in law enforcement may face additional sanctions, including job loss and the inability to own firearms. Domestic assault charges frequently involve contentious divorce or custody proceedings, which can also be negatively impacted by a conviction. In still other cases, a restraining or protection order can have a drastic impact on your life, and may even prevent you from seeing your children or returning to your own home.

Boston police report responding to the 36-year-old officer's apartment after a complaint by his wife that he had assaulted her and damaged property. Authorities say she was injured and two apartment doors were damaged. Police confiscated his department-issued firearm and report finding cigarette rolling papers and a plastic bag containing an unknown substance.

He is facing charges of assault and battery, malicious destruction of property, intimidation of a witness and failure to secure a large capacity firearm. He is due in court on Tuesday and has been placed on administrative leave pending the outcome of the investigation.

The department reports the officer had a prior domestic incident. He was suspended for five days in October 2007 after he was accused of a physical altercation with a former girlfriend. He has been on the force since 2004 and made just shy of $100,000 in 2008.

Continue reading "Boston police officer accused of domestic assault in Roxbury" »

A high school teacher is facing an assault charge in Weymouth after being accused of assault and battery on a student, the Patriot Ledger reported.

A Weymouth criminal defense lawyer should always be called to handle criminal charges involving teachers, whether or not they involve allegations on school property. More than many other professions, a school teacher convicted of a crime may have trouble keeping a job or finding a new one. Meanwhile, the zero tolerance policies in many schools have replaced common sense, especially where allegations of physical contact between teachers and students are concerned.

Police and school officials released few details about the incident, which reportedly occurred at Weymouth High School last week. Police report they are seeking a criminal assault and battery charge against the 49-year-old teacher. They did not release his name and he has not been formally charged.

Unfortunately those who are not familiar with the criminal justice system are often the most easily manipulated by law enforcement. In these types of cases, a defendant may agree to make a statement to law enforcement with the hope of putting the incident behind him. Typically those statements will be used against a defendant and may conflict with a future defense strategy. Contacting an experienced Massachusetts defense attorney, even before charges are filed, is the best course of action.

A hearing in Quincy District Court will decide if the teacher in this case is actually charged with a crime. The school's superintendent said the teacher had been hired recently and had been placed on administrative leave pending the results of the investigation. School officials continue to insist details are private because a student and teacher is involved, despite the fact that police contact has been initiated and a criminal investigation is under way.

Continue reading "Teacher facing Massachusetts assault and battery charge in Weymouth" »

A 33-year-old Tremont Street man is facing assault and battery charges in Fall River and other charges in connection with a stabbing, the Herald News reported.

Rosebery Rosa Pires, 33, is charged with home invasion, armed assault to murder and assault and battery with a dangerous weapon causing substantial injury, according to police. Another man is being sought as an accomplice.

A Fall River defense lawyer will review the facts and circumstances of this case. Under Massachusetts Law (Chapter 265 Section 15A), assault and battery with a dangerous weapon carries a penalty of up to 10 years in prison. If the dangerous-weapon designation is dropped, the maximum potential penalty is reduced to 2.5 years behind bars. Certainly a knife would be considered a dangerous weapon but self defense may have also played a role in the incident. Additionally, it is unlikely that the defendants will be convicted of both armed assault to murder and assault and battery with a dangerous weapon.

Police responded to a Fourth Street address shortly after 1 a.m. Tuesday and found blood in a hallway leading to a second-floor apartment. There they found a 22-year-old man stabbed several times. He was taken to Rhode Island Hospital, where he was listed in critical condition.

Police believe two suspects were looking for the victim's roommate when they kicked in the door of an apartment on the first floor. Instead, they stabbed the victim multiple times. The two defendants were identified based on a photo lineup.

Such eyewitness identifications are notoriously unreliable. And an experienced defense lawyer will also review the procedures used by police to see if the victim was unnecessary influenced by any number of factors, including a lack of alternative photos, alternate suspects that are too dissimilar in appearance to the suspects or leading questions or comments by police.

Continue reading "Fall River stabbing suspects face charges of assault and battery with a dangerous weapon" »