Massachusetts Criminal Defense Lawyer Blog

A pair of Framingham men were arrested this week after police allege that they attacked an acquaintance with a golf club at a downtown convenience store, the MetroWest Daily News reported.

Darryl M. Ford, 45, and Darison Pujols, 18, were charged with assault and battery with a dangerous weapon and assault with a dangerous weapon. The two were arraigned in Framingham District Court and released on $500 bail. They are due back in court July 28.

A Framingham defense attorney will fight the dangerous weapon allegation in this case and may argue the men were acting in self defense. Under Massachusetts Law (Chapter 265 Section 15A), the allegation that a dangerous weapons was used changes the offense from a misdemeanor to a felony offense.

Police say the man and his nephew admitted to beating a 25-year-old man outside Tedeschi Food Shop, 430 Waverley St. However, the defendants claim the man grabbed a golf club out of an SUV and began swinging first. Ford told police he was upset that the alleged victim had tried to speak to a friend's 13-year-old daughter at the beach and had followed the girl home.

The altercation began about 7 p.m. and was over by the time police arrived to find the victim injured and bleeding. The man was taken to UMass Memorial Medical Center in Worcester.

Police were able to review the fight on the store's surveillance cameras. The defendants were arrested at their home after police tracked them using their license plate number, which was written down by a witness.

Continue reading "Framingham assault with a dangerous weapon charges filed after golf club attack" »

A former state representative is scheduled to be back in court next month after his second arrest for domestic assault and battery in less than a year, the Dedham Transcript reported.

Massachusetts domestic assault and battery is a serious charge that can impact a defendant's life for years to come. Being subjected to restraining orders that can prevent you from returning home, job loss and the inability to own firearms are just a few of the common consequences associated with a domestic violence charge in Massachusetts. Charges are frequently brought amid a contentious separation or court case and can negatively influence the results of divorce or child custody proceedings. Hiring a Massachusetts criminal defense lawyer experienced in handling domestic assault is critical to protecting your rights.

In this case, Patrick Natale faces charges of assault and battery in two separate cases and could face up to two-and-a-half years in custody on each count, according to the Middlesex County District Attorney's office. The former two-term Democrat from Woburn was arrested after his wife called police to their home on Feb. 22. It was at least the third time police had been called to the home in less than a year. He is scheduled for trial on July 8 -- the same day a pretrial conference is slated to be held in the second case.

Police report that they found Natale's wife crying in her home on May 2, 2009 after an argument in which Natale became upset that his bank accounts were frozen. He reportedly flipped over a chair in which she was sitting -- three of their sons were in the backyard with her at the time. In October, the couple began arguing when Natale arrived under visitation rights granted through a probate order, police reported. She attempted to flee in that case but he allegedly grabbed her around the neck and pushed her into a wall. He told police that she attacked him by slapping him and kicking him in the groin area.

Natale lost a race in 2007 for an open state senate seat that was won by James Marzilli. Marzilli resigned a year later after being arrested on indecent assault and battery charges.

Continue reading "Former lawmaker faces Massachusetts domestic assault and battery charges" »

A 25-year-old Braintree man is in jail on a $100,000 cash bond after authorities say he stabbed a man outside a Shaw Street residence early Sunday morning, the Patriot Ledger reported.

Si. D. Tran was slated for arraignment on Monday in Quincy District Court, where he faces charges of assault with intent to murder, assault with a dangerous weapon, assault and battery with a dangerous weapon and resisting arrest.

The 24-year-old victim was taken to South Shore Hospital in Weymouth. The defendant was treated for injuries at the same hospital.

Under Massachusetts Law (Chapter 265 Section 18), assault with intent to murder carries a penalty of up to 20 years in prison. An experienced Quincy criminal defense lawyer will need to carefully review the case and determine the best course of action, which could include establishing a case for self-defense, challenging evidence, and/or seeking a reduction in charges.

Police were waved down by a friend of the alleged victim, who reported the man had been stabbed by a suspect who was chased into a Somerville Avenue home. Police used a K-9 dog to locate Tran in the basement of the residence, where he reportedly refused to comply with orders to surrender.

Two of the victim's friends told police that the three were heading to a Shaw Street residence when they saw Tran walking his bicycle. The victim reportedly said something that caused Tran to make a gesture. The victim then got out of the car and exchanged words with Tran, who left the area.

Police report that Tran later returned to the man's home with a knife and long screwdriver. The victim was stabbed during an ensuing altercation.

Continue reading "Braintree man facing assault charges in Quincy District Court after stabbing incident" »

A Brockton police officer has been arrested on a Massachusetts assault and battery charge and a charge of malicious property destruction, the Enterprise News reported.

The Brockton police chief reported that Officer Anthony Louis was charged with assaulting his girlfriend and destroying property at their apartment on Thursday afternoon. He was forced to take one day of vacation and was suspended for five days.

The officer could face additional employment sanctions from Mayor Linda Balzotti, who is reviewing the case. "Domestic violence is a very serious issue and it's not something to be looked upon lightly," she said. "It is very prevalent in our society and unfortunately in the difficult times that we're having now and the stress families are under financially it becomes even more prevalent."

Domestic violence charges in Brockton have increased in recent years, from 1,094 cases and 782 arrests in 2005 to 1,316 cases and 1,293 arrests last year.

Those numbers also point to another startling fact; only 23 times did a domestic violence call not lead to criminal charges last year. Hiring a Brockton defense lawyer experienced in handling Massachusetts domestic assault charges is critical to protecting your rights.

Continue reading "Brockton police officer faces Massachusetts assault and battery charge " »

A 28-year-old man who claims he was beaten by Framingham police after his arrest last month, was released without bail after appearing in Framingham District Court for arraignment, the MetroWest Daily News reported.

Nicholas Casaburri, 28, of 495 Laurel Hill Road, Norwich, Conn., was released from jail despite a prosecutor's request that he be held on $5,000 bail. He was arrested on April 23 in connection with several car break-ins at Adessa. Police charged him with Massachusetts assault and battery on a police officer, assault and battery with a dangerous weapon, breaking into a motor vehicle, larceny from a vehicle, trespassing on railroad property and trespassing.

As we discuss on our Massachusetts criminal defense site, assault and battery with a dangerous weapon is a serious felony charge in Massachusetts, carrying a penalty of up to 10 years in prison.

Casaburri was reportedly injured during a struggle with police and spent several days in a Boston hospital. He alleges police brutality, claiming an outline of a flashlight around his eye may require surgery. A detective was also injured during the arrest and was treated at the hospital.

Continue reading "Defendant facing charge of assault on a Framingham police officer claims police brutality" »

A Norwell teen is facing criminal charges that he intentionally drove his van through a group of teenagers, Channel 7 News reported.

Nathan Delaplain-Zook, 18, faces a dozen criminal charges, including attempted murder and leaving the scene of an accident, according to authorities. His attorney asked for a mental health evaluation before an arraignment took place in Hingham District Court. It will be critical that a skilled Massachusetts criminal defense attorney be retained to represent this young man. Now an adult, and facing very serious felony criminal charges, a veteran attorney will need to thoroughly investigate this case to determine the circumstances of the accident.

A forensic psychologist reportedly told the court that Delaplain-Zook has been hospitalized three times for mental illness. The Boston Herald reported that he pleaded not guilty to four counts each of attempted murder, leaving the scene, assault with a dangerous weapon and operating to endanger. A dangerousness hearing is scheduled for May 10 to determine whether he can be granted bail.

Authorities report the incident happened Monday in a Rockland condo parking lot in front of dozens of witnesses, who had gathered to see a fight over a girl. Police report that Delaplain-Zook exchanged words with someone in the lot and a lighter was thrown at his vehicle.

At that point, the van allegedly turned around and drove straight into the group of bystanders, injuring three girls and a boy. The van drove up over a five-foot gravel embankment and left skid marks as it fled the scene. The defendant was later located and arrested.

Several of the victims were dragged by the van and two of the girls are in serious condition at a Boston hospital with hip, pelvic and internal injuries.

Continue reading "Massachusetts teen faces attempted murder charges " »

A trio of Brookline police officers are facing Massachusetts assault and battery charges in separate incidents, Boston.com reported.

While criminal convictions can lead to job loss for just about anyone, finding a Massachusetts criminal defense attorney with the knowledge and experience to defend sex crimes is an important consideration in these cases.

In one case, a 24-year veteran of the department, Scott Seto was charged Wednesday after a Brookline woman filed a complaint with the department Monday. Seto was placed on administrative leave with pay. He faces two counts of indecent assault and battery and two counts of assault and battery in Brookline District Court.

Police did not provide additional details about the case.

Also on Wednesday, a clerk magistrate found probable cause to charge two Brookline Police officers, a stripper, and her chaperone, in the wake of allegations stemming from a bachelor-party episode in March, according to Boston.com.

Two other officers, Daniel Avila and Brendan Kelliher, each face a charge of assault and battery, following a hearing in Waltham District Court.

The magistrate found no probable cause to charge two other officers accused in the case. The working status of the officers, who were off duty at the time of the alleged incident, will be discussed at next week's selectmen's meeting. Initially placed on paid administrative leave, they were assigned to inside duty last month.

The incident occurred March 28 when the officers allegedly requested a stripper for a bachelor party but canceled after she arrived with a chaperone, telling her the bachelor had left the party. The chaperone claims they were assaulted by the officers as they were leaving while the officers claim the chaperone initiated the assault.

Continue reading "Brookline, Massachusetts police officers facing assault and battery charges" »

A 25-year-old woman faces charges in Framingham District Court after allegedly smashing a beer bottle over a bartender's head as she was being escorted from the bar, according to the MetroWest Daily News.

Angellin Figueroa, of 75 Irving St., Apt. 209, was charged with assault and battery with a dangerous weapon and disorderly conduct after the incident at The Happy Swallow Pub, police said. Massachusetts assault charges are more serious when authorities allege a dangerous weapon was involved -- in this case, a beer bottle. A Framingham criminal defense attorney experienced in assault cases should be called to represent the defendant in this case and may be able to seek a reduction in charges.

The incident occurred shortly before 2 a.m. Saturday, when police were called to the Waverly Street bar after a report of three people fighting. Witnesses reported that the bartender had been assaulted while escorting Figueroa from the bar. The bartender sustained a cut lip after the defendant reportedly smashed the beer bottle over his head.

The defendant was ordered held on $500 cash bail. The judge also ordered that Figueroa not consume alcohol and submit to random testing.

Continue reading "Framingham beer-bottle assault leads to Massachusetts dangerous weapon charge " »

An 18-year-old man has been arrested by Dedham police and faces numerous charges after police responded to a report of a housebreak in violation of a restraining order, according to the Dedham Transcript.

Charges against Dennis Rogers Jr. include violating a restraining order; assault and battery with a dangerous weapon, to wit a door; breaking and entering in the daytime for a felony, placing a person in fear; receiving stolen property over $250; and assault and battery. Massachusetts domestic assault cases frequently involve restraining orders, which prevent a defendant from going near a victim or otherwise making contact through telephone, e-mail or other forms of communication.

Police responding to a Farrington Avenue address reported Rogers started running through several backyards and jumping fences. Several residents pointed officers in Rogers' direction and he was arrested in the backyard of a Crest Avenue home, according to police. The victim reported that she returned home to find food missing from the refrigerator, money missing from her son's wallet and a GPS unit missing from the pantry.

She reported that she confronted Rogers on the street and he began pushing her. She took the items from him and he chased her back to the house, police reported. She told police he hit her several times with the door as she was trying to shut him out of the house. He then began chasing her through the house and pushing over furniture, until she managed to call police.

Rogers pleaded not guilty in Dedham District Court and is due back in court on April 27.

Continue reading "Dedham man faces breaking and entering charges, violation of a restraining order" »

A state trooper is facing charges in Wrentham District Court after being accused of assaulting his girlfriend and retrieving a loaded handgun when police were called to his home, the Sun Chronicle reported.

A Quincy criminal defense attorney should be called to represent anyone facing Massachusetts domestic violence or assault charges. Such charges can be particularly devastating to law enforcement or military personnel, who can face job loss and the inability to carry a firearm if convicted.

The 28-year-old trooper is currently assigned to the Bristol County District Attorney's Office that investigates homicides. He pleaded not guilty in Wrentham District Court to assault and battery by means of a dangerous weapon and domestic assault and battery.

He has been released on a $5,000 cash bail on conditions that he stay away from his girlfriend, abstain from drinking alcohol and submit to random alcohol testing.

The altercation reportedly occurred during a fight over child-rearing. The trooper's weapons, including a .40-caliber service weapon and a personal .40-caliber handgun, were seized by police as well as ammunition, his license to carry a firearm and other departmental property.

He was granted permission to travel to an alcohol treatment center in Florida, according to court records. He faces a hearing this week regarding his job status. The judge reported that the trooper had been previously accused by his girlfriend of domestic assault but had not been charged.

Court records indicate the trooper armed himself with a loaded weapon when he knew police were en route but was arrested without incident about 1:20 a.m. at his North Street home.

Police say the trooper had consumed at least six beers when he assaulted the woman with the leg of a baby swing and tried to choke her. He is due back in court May 7.

Continue reading "Trooper faces Massachusetts domestic assault charges in Wrentham District Court" »

An 18-year-old Worcester man was arraigned on a host of serious criminal charges in connection with the March 27 beating of a man by a group of teens, the Telegram reported.

The teen is one of a dozen who were present during the attack, which was apparently caught on videotape. A Worcester criminal defense attorney will need to carefully review the evidence and the underlying charges to prepare a defense. The intent to murder charge, will require a Massachusetts criminal defense lawyer capable of fighting the accusation that the defendants' intentions rise above simple assault.

The defendant is charged with three counts of aggravated assault and battery with a dangerous weapon and causing serious bodily injury, armed assault with intent to murder, and kidnapping.

He is the third person charged with participating, along with about a dozen others, in an attack captured on videotape. A juvenile has also been arrested and charged in connection with the attack.

The victim in the attack was repeatedly kicked in the head and struck with a belt and large pieces of concrete, according to court records. He suffered brain hemorrhaging, lacerations and other injuries.

The incident occurred about 10:30 p.m. March 27 behind a building at 54 Chandler St. Authorities have not said how the videotape was obtained.

Police report that the victim was confronted by about 15 teens as he was leaving a convenience store at Irving and Chandler streets, and was taken by force to the location where the assault occurred.

The group fled when police arrived. Officers found the victim on the ground with head and facial injuries; he was transported to an area hospital for treatment.

Prosecutors have requested a dangerousness hearing for one of the defendants, who they report was already on probation for assault and battery with a dangerous weapon. That hearing will determine whether he can be held without bail for up to 90 days.

Continue reading "Worcester teens face Massachusetts assault and battery charges in connection with group assault" »

A Fall River, Massachusetts teenager is facing attempted murder charges and a dangerousness hearing after being accused of stabbing his girlfriend's brother multiple times, the Herald News reported.

Bail was refused at the request of prosecutors during his arraignment. A Fall River criminal defense attorney will need to represent him at a dangerousness hearing, set for March 31. A defense attorney argued at arraignment that multiple people were involved in the fight and no knife had been found.

Police were called shortly before 9:30 p.m. Thursday after several reports of a dozen young men and women fighting in the parking lot at 870 North Main St. While the fight was over when the first officers arrived, there was blood on the parking lot amid a crowd of teenagers.

Moments later, a 19-year-old called from a different location and police found him with knife wounds to his head, back and hands. The man told police his 15-year-old sister had been knocked down and kicked by the defendant, who is reportedly her boyfriend. He said knife wounds resulted form the ensuing fight.

After a radio bulletin seeking the defendant, he was located a short time later by Massachusetts State Troopers and was arrested and identified as the suspect in the stabbing, according to police reports.

Continue reading "Fall River teen faces attempted murder charge, dangerousness hearing in Fall River district court" »

A Massachusetts assault and battery charge was brought against Glen Schuele in the Attleboro District Court, according to the Attleboro Sun Chronicle.

The defendant is charged with domestic assault and battery, assault and battery with a dangerous weapon and intimidation of a witness. Under Massachusetts General Laws Chapter 265 Section 15A, an assault and battery charge with a dangerous weapon is a felony offense in Massachusetts.

According to the alleged victim's statement in court, there was no knife involved in the incident. Given that the victim appears to deny a knife being involved, the defendant may be able to have this charge dismissed through negotiations with the prosecutor or a motion before the court.

Massachusetts assault and battery charges require careful investigation, often require the need to interview witnesses in order to formulate a defense to the charges.

Continue reading "Man faces Massachusetts assault and battery charge out of the Attleboro District Court" »

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.

Continue reading "Woman faces Massachusetts assault and battery charges for tossing hot coffee on parking officer" »

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.

Continue reading "Raynham, Massachusetts man charged with assault and battery after confronting noisy neighbors " »