Massachusetts Criminal Defense Lawyer Blog

A 22-year-old Dedham man has been arrested on charges accusing him of being among a group who beat two men with a baseball bat during an attempted robbery, according to the Dedham Transcript.

Police accuse the group of jumping the two alleged victims at 1:30 a.m. outside an East Street apartment. The defendant's are accused of beating the men when they refused to hand over the keys. Two other defendants, ages 18 and 19, have also been arrested.

The 22-year-old man was charged after the victims were shown a photo lineup. A warrant was issued in June charging him with assault and battery with a dangerous weapon, attempted murder, and conspiracy and attempting to commit a crime.

An assault with a dangerous weapon charge is one of the more serious types of Massachusetts assault charges. Under Massachusetts law (Chapter 265 Section 15A), the dangerous weapon allegation ups the penalty for an assault conviction from 2.5 years to 10 years in prison.

The search for the defendant ended Thursday when police officers in Wellesley caught him on Rivard Road in Needham. He was the passenger in a car that was stopped for a traffic violation. He ran from the scene but was identified by a passenger in the car, according to police.

He was chased down during a manhunt that included dogs and officers wearing bulletproof vests and carrying automatic rifles.

The defendant also faces charges of failure to stop for police and a probation violation out of Norfolk Superior Court in Dedham. Police say he was also wanted for a probation violation out of Norfolk Superior Court in Dedham. He is slated to be arraigned in Wrentham District Court on Sept. 21 and is being held in jail without bail.

A Wrentham defense lawyer should be able to seek an appropriate bail in this case.

Continue reading "Man facing Massachusetts assault with a dangerous weapon charges in Wrentham District Court after alleged robbery attempt" »

A flag football match that ended in a double stabbing has led to attempted murder charges in Fall River, according to the Taunton Gazette.

Justin S. Farland, 20, was arrested Wednesday night and charged with two counts of assault with a dangerous weapon and two counts of attempted murder. Farland is being held in the Bristol County House of Correction on $50,000 bail. Erika DeSousa, 20, was released on $5,000 bail and is charged with four counts of being an accessory after the fact. Farland is accused of stabbing two victims at Teamworks, an indoor sports facility on Lees River Avenue, and handing the knife to DeSousa.

The charges against DeSousa illustrate how friends of someone accused of a crime can also face criminal charges. Such charges result when authorities allege a friend was involved in a crime in any way. It is likely that authorities hope charging her will induce her to cooperate and testify against Farland. The pair should consult an experienced Fall River criminal defense attorney right away.

The fight broke out between the Fall River Beavers and the Taunton Terrors and sent two men to the hospital with stab wounds. Both men were transported to Rhode Island Hospital, where one was treated for wounds to the lungs and liver and the other suffered a punctured lung.

Police report that Farland fled in a white van and was picked up shortly after the incident. He was released a few hours later because of a lack of evidence. Police report they interviewed more than 30 people and watched videotape taken by Teamworks management. They contend that the tapes show Farland coming off the bench to join a 20-man brawl that erupted with about eight minutes left in the game.

Investigators say videotape shows him fleeing the building and putting the knife in a car driven by DeSousa. The knife has not been found.

Continue reading "Fall River attempted murder charges filed after stabbing at flag-football game" »

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 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 Dedham man was charged with assaulting a police officer after the police went to a house where the defendant was allegedly told he could not be at, according to a news account. Daniel Kelly was charged with assault and battery on a police officer, resisting arrest, attempt to commit a crime and disorderly conduct. The news account does not indicate why the police allege that Kelly was not suppose to be on the property; the dispute began when the police tried to remove him from the property and Kelly replied that he had a right to be there.

As a Massachusetts criminal defense lawyer, I have defended numerous individuals charged with assaulting police officers and resisting arrest. In two recent trials, clients of mine were found not guilty of assault and battery on a police officer as I presented a defense that the contact with the officer was unintentional. To prove a Massachusetts assault and battery charge, on a police officer or other individual, the Commonwealth must prove beyond a reasonable doubt that the contact with the officer was intentional and not accidental.

A teenager and a young man are in jail on charges of armed assault to murder and Massachusetts weapons charges after an innocent teenager was mistakenly targeted in what police are describing as a gang feud, the Herald News reported.

Police report that Nicky Lee, 17, of Randolph Avenue, and Sottarack Kyle Touch, 21, of Harrison Street, were arrested during the early stages of the investigation into the shooting of a 14-year-old boy in the area of 267 Fountain St. Both are being charged with armed assault to murder, carrying a firearm without a license, discharging a firearm within 500 feet of a building and possession of ammunition without a FID card. Touch also faces charges of assault and battery with a dangerous weapon and is wanted on outstanding warrants related to liquor, drug and larceny offenses.

Arrest warrants have been issued for an 18-year-old man and a 16-year-old male teenager.

Officers responding to the scene about 5:30 p.m. found a teeanger with a bullet wound to the right side of the chest. The teen was lasted listed in stable condition in the Pediatric Intensive Care Unit of Hasbro Children's Hospital in Providence.

Police believe a 17-year-old friend of the victim was the intended target of gang violence between the Bloods and the Crips.

Neighborhood residents reported seeing a maroon Hyundai in the Rock Street neighborhood earlier in the day; police traced it to a Roosevelt Avenue address in Somerset. At that address, Sonny Lee, 21, of Eagle Street, was charged with breaking and entering, trespass and giving police a false name. He was ordered held pending a hearing to determine if his arrest violates the terms of his probation on an earlier charge.

Meanwhile, Massachusetts State Police pulled the Hyundai over several blocks away and arrested Lee and Touch. Police report finding a Bersa .380 caliber gun in the car, believed to be the weapon used in the shooting.

Lee and Touch were arraigned in court and will return to court on May 26 to face a dangerousness hearing.

Continue reading "Four facing Massachusetts assault and weapons charges after gang-related shooting in Fall River" »