Massachusetts Criminal Defense Lawyer Blog

Being accused of a domestic assault charge in Massachusetts is a serious matter. The accused could be facing jail time, restrictive probation, enrollment in a lengthy anger management program, or even a certified batter's program. The average anger management program lasts up to 14 weeks, while the batter's program is a more intense 40 week course.
Domestic assault charges could be the result of many different encounters such as:

domestic disputes

divorce proceedings

custody battles

relationship break ups

family dispute

According to Massachusetts domestic assault and battery law , assault occurs when a person is in imminent fear of bodily harm, with no actual contact occurring. When the alleged victim claims there was physical contact, it becomes an assault and battery charge against the defendant. Depending on the severity of the injuries, whether or not a weapon was used, and the identity of the victim, there are many different variations of an assault and battery charge.

Recently, The Sun Chronicle reported that an Attleboro man has been charged with domestic aggravated assault and battery against his 33 year old pregnant girlfriend. A state trooper traveling north on route 152 saw a man outside of a pick up truck yelling at a woman with his hand at her throat. When the trooper pulled over to intervene, the man was found allegedly choking his girlfriend. The woman was found crying with red marks on her neck. In Attleboro District Court, the defendant entered a not guilty plea. He was released on probation and has to report weekly to his probation officer while the case is pending. When an individual is released with conditions to comply with, if a defendant violates those conditions, the court may hold the defendant without bail or set a bail to ensure the defendant's appearance in court. In this case, conditions of release were set instead of requiring the defendant to post bail.

Many times the victim of a domestic assault and battery charge may have a motive to fabricate in order to get back at the accused. As previously mentioned, this can often occur when a relationship breaks up, during a divorce, or even custody disputes. It is crucial to have a knowledgeable Attleboro criminal defense attorney since the difference between being charged with a simple domestic assault or an assault with a dangerous weapon is significant. In Massachusetts, the assault and battery charge is a misdemeanor while an assault with a dangerous weapon is a felony offense. In District Court, the maximum penalty for both charges is 2.5 years in the house of correction.

Continue reading "Domestic Assault Charges in Massachusetts and Potential Penalties" »

A Weston man was recently arrested and charged after allegedly violating a Massachusetts restraining order his wife had gotten against him, The MetroWest Daily News is reporting.

Facing a restraining order in Westborough can be an embarrassing thing and typically derives from some type of Massachusetts domestic violence situation.

Westborough criminal defense lawyers recognize that these matters are private, yet can take a public turn once the issues get into the court system.

In this case, a 29-year-old man now faces criminal charges after he allegedly violated the restraining order and then forced a police cruiser off the road, The MetroWest Daily News reports.

According to the newspaper, the couple has had various domestic violence issues recently. The wife was arrested on Christmas Eve after she allegedly crashed a party at the man's Aspen Road home, threw a chair through a widow and assaulted someone. The wife, who previously had a restraining order against her husband, renewed it recently and the man showed up at her house and entered, police said, in violation of the order.

The wife told him to leave and as he did, he reportedly drove down the center of a road without his headlights, which caused a police officer to drive off the road. The man was arrested at his home and charged with a restraining order violation, driving to endanger, speeding, driving without headlights and failing to keep right.

Prosecutors have asked that the man's bail be revoked in a previous case where he is accused of assaulting his children. The man is being held on the probation violation, but no decision was made by a Framingham District Court judge on the prosecution request.

According to the Massachusetts Criminal Model Jury Instructions, in order to be convicted of violating an abuse prevention order (a 209A violation), the prosecution must show four things:

• That a court had issued an order that required the person not abuse, not contact, stay away from, stay away from a household or workplace of another


• That the order was in effect at the time of the alleged violation


• That the defendant knew the terms of the order


• That the defendant violated the order

These are very specific things the prosecution must prove beyond all reasonable doubt in order to ensure a person is convicted of this charge. And there are specific definitions in the law for what "abuse" and "contact" actually mean. Not every case is black and white and therefore an experienced Massachusetts criminal defense lawyer must be brought it to study the facts of the case and provide a sound defense.

These cases can tear apart families and friends as well as lead to significant criminal charges. They shouldn't be taken lightly, but rather should be defended aggressively.

Continue reading "Weston Man Charged With Massachusetts Restraining Order Violation" »

Massachusetts Domestic Assault and Battery Charges were brought after an alleged Thanksgiving Day Domestic Dispute. According to the report in the Attleboro Sun Chronicle and a Rhode Island news report, Nakiea Cherry is alleged to have rammed her boyfriend's car in the parking lot of Target. The Attleboro criminal lawyer in the case argued that the defendant had no intention to strike the victim's car, but simply cut the wheel too late.

The Commonwealth attempted to revoke Cherry's bail because she had an open case in another court; however, the judge denied that motion and set a $ 1500.00 cash bail. When an individual faces additional criminal charges while out on bail on a pending case, a court can order the defendant held without bail for up to 60 days. This is found in Massachusetts General Laws Chapter 276 Section 58, known as the Massachusetts bail statute.

Unlike many Massachusetts domestic assault and battery charges, it appears in this case there are independent witnesses, meaning that even if the alleged victim does not wish to testify the Commonwealth may be able to proceed with the prosecution of the case.

Continue reading "Massachusetts Domestic Assault and Battery charges arise from Thanksgiving Day dispute" »

A Framingham man faces Massachusetts domestic assault and battery charges. According to a report in the MetroWest Daily News, Adrian Pimentel got in an argument with his girlfriends where he is alleged to have shoved a bar of soap in her mouth, broke her cell phone and tore the spark plugs from her car so she could not leave. Given the allegations, this is an extremely serious case of domestic assault and battery that Framingham prosecutors are likely to take a very aggressive stance on.

Domestic assault and battery charges in Massachusetts involve two types of case; those where the alleged victim wishes to testify against the defendant and the more common situation when the victim no longer wishes to proceed with the prosecution.

The second type of case when the victim is not willing to testify can make for a complex defense based on the defendant's Sixth Amendment right of confrontation. I have discussed these defenses in prior posts.

As applied to the Framingham case, assuming the victim does not wish to testify, the issues as to whether the prosecution can proceed will depend on how quickly the police came to the scene and the location of the defendant at the time of the police arrival. It appears from the news report that the defendant was in the area when arrested.

As a Framingham domestic assault and battery lawyer, individuals charged with domestic assault should understand that these cases can involve complex defenses and merely because the victim no longer wishes to pursue the case, does not mean that the prosecution will end. To help you understand how these cases are prosecuted you can call 781-686-5924 or 508-455-4755.

A 32-year-old man is under arrest after he was accused of a probation violation over an alleged domestic assault in Attleboro, The Sun Chronicle reports.

Avoiding jail is one thing -- successfully completing the terms of probation is quite another. The conditions that are imposed may severely limit where a person can go, what time they can travel, if they can leave a certain geographical area and how much money they must pay each month.

Some defendants would actually prefer jail time because a probation violation can result in sentencing on the underlying charge. When someone violates probation, they are exposed to the possible highest penalty available for the charge for which they were convicted. Massachusetts criminal defense lawyers can assist clients avoid some common pitfalls when probation terms are set. And should always be called to handle probation violation allegations.

Saulnier had a history of assault-related charges, the newspaper reports. Police went to 13 Maple St. recently after a relative of his girlfriend called police to report that an alleged domestic assault had occurred.

Police say that while they were investigating, ran out the back door of the house and ran away. After sealing off the area, Saulnier was found under a porch on Lafayette Street by a police officer and his K-9 partner.

Both the man and his girlfriend acknowledge there was a verbal dispute, but that there was no physical altercation between the two. Yet, he was arrested anyway and held without bond. The article states he owes $1,220 in fines and fees after failing to report to probation for more than a year.

He has pleaded innocent to charges of assault, intimidating a witness, uttering threats, resisting arrest and being disorderly. If found guilty of the probation violation, officials will seek jail time, they told the newspaper.

Obviously, a new arrest is a violation of probation. But not making payments, not checking in with an officer, not reporting changes in addresses or phone numbers all can be considered violations, as well.

That's why if a defendant wants probation over jail time, they must be sure they can not only afford to make payments, but also are willing to abide by the rules. Otherwise, they will be thrust back into the criminal justice system and face the possibility of going to jail, the penalty they sought to avoid in the first place.

Continue reading "Attleboro Man Jailed After Search of His House During Domestic Abuse Call" »

The recent arrest of former World Series MVP Manny Ramirez is typical of many Massachusetts domestic assault and battery arrests, in that the case will involve the issue of the admissibility of the 911 call. According to a Yahoo news report, Manny Ramirez's wife, Julian Ramirez, called 911, to report that she was struck in the face and her head, and had a bump on her head. The 911 dispatcher asked Julian if she had she was able to get away from her husband. Ramirez's wife said that the conflict had ended because Ramirez knew she had called the police.

Ramirez was released on $2500 cash bail, according to the Washington Post. As a Massachusetts criminal lawyer, Ramirez made a crucial mistake in speaking to reporters after being released from court. A individual charged in a criminal case should never speak about the case to anyone other than the criminal defense lawyer handling the case. After leaving court, Ramirez told reports that he grabbed his wife by the shoulders during an argument, causing her to hit her head on the headboard of their bed. While it is understandable that Ramirez wants to explain what happened, it does not benefit his case. Ramirez would have an opportunity to explain his side of what happened if the case went to trial. By making statements prior to trial, Ramirez subjects himself to being impeached at trial by his prior statements.

Ramirez's case, is like many Massachusetts domestic assault and battery arrests. In Massachusetts, if Ramirez's wife did not want to testify she could assert her marital privilege. But that would not be the end of the case. Even though a victim does not wish to testify, in many cases, the district attorney will still attempt to pursue the charges without the cooperation of the alleged victim. The reason is criminal charges are taken out by the Commonwealth of Massachusetts and not taken out by the alleged victim.

If the victim does not wish to testify the government will attempt to admit the 911 calls into evidence, pursuant to case law from the United States Supreme Court, that that allows statements made to a 911 operator to come into evidence without the defendant being given the opportunity to cross-examine the victim under a case known as Davis v. Washington, 547 U.S. 813 (2006).

Continue reading "Domestic Assault and Battery Charges brought against Manny Ramirez" »

A Franklin man has been charged with trying to kill his girlfriend in a Marlborough domestic violence incident, The MetroWest Daily News recently reported.

Domestic violence charges in Marlborough require an experienced Massachusetts Criminal Defense Attorney be immediately consulted to sort out the real facts.

In this case, Richard Waters, 26, was arraigned Wednesday in Marlborough District Court on 14 charges: attempted murder, assault with intent to intimidate, assault and battery, assault with a dangerous weapon, reckless endangerment of a child, car theft, threatening to commit a crime, vandalizing property, driving with a suspended license, failing to stop for police, negligent driving, using a car without authority, a marked lanes violation and speeding, police said.

According to police, the couple and their child spent the day together at Hopkinton State Park one day in early July. When they got home, the couple allegedly got into a fight, with Waters allegedly choking the woman three times, punching a hole in the wall and making several threats.

After the alleged outburst, he took her car keys and left, leading police on a high-speed chase. He was driving 70 mph in a 30 mph zone at times; the chase lasted until he drove off the road and ran into the woods. After officers searched the area using a police dog, they called off the search. An arrest warrant was issued and he was later detained.

The newspaper later reported that he was being held without bond after a dangerousness hearing. Prosecutors allege the man is a member of the Framingham street gang the Kendall Street Thugs.

In domestic violence cases, law enforcement officers typically have very little evidence on which to bring charges. But because of the stigma attached to these events, they are sometimes worried that not making an arrest could lead to further violence.

So, sometimes, they listen to the person who claims to be the victim and make an arrest with little evidence. With little corroborating evidence, a person is sometimes carted off to jail, has their mug shot published by the media and suffers other consequences.

Defense to domestic violence-related charges that an aggressive Massachusetts Domestic Violence Attorney will pursue, include:

Self defense. In this type of defense, an attorney can seek to suggest the alleged victim in fact perpetrated the violence. It's possible to show they are the aggressor.

Fabrication by the victim. In cases of divorce, a break-up, or other situations, alleged victims will lie to police as a form of revenge or pay back.
Ulterior motivation. Sometimes, alleged victims believe that a partner picking up an arrest record or conviction can benefit them financially or otherwise and will stretch the truth.

Continue reading "Man Charged With Trying to Kill Girlfriend in Marlborough Domestic Violence Incident" »

A 49-year-old State Police trooper is charged with attempting to strangle his girlfriend and pointing a gun at her during a domestic violence incident, The Patriot Ledger reports.

Cases of domestic violence in Massachusetts often come down to a he said/she said situation. And sometimes that's when the experience of a Massachusetts Criminal Defense Lawyer can make all the difference.. Being able to show which witness is more credible and argue that to a jury or judge can prevent you from being convicted of domestic assault. This is particularly critical for members of law enforcement because a conviction can prevent you from owning a firearm and can end your career.

Trooper Brian Dunn faces charges of assault and battery, assault with a dangerous weapon and intimidation of a witness, the newspaper reports. A 26-year veteran of the State Police, he was assigned to the South Boston barracks. In May, he and two other troopers were awarded by the court system for their work to curb crime in Wollaston Beach.

The woman, who told police she and Dunn dated for the last three to four months, was medically treated at the scene, but declined further medical assistance. She is also a police officer, according to media reports. He is claimed she was the aggressor. Both could face disciplinary action.

According to police reports, police responded to the home after a 911 hang-up. When police arrived, they found Dunn covered in blood, with broken glass and other out-of-place things inside.

His 28-year-old girlfriend was found upstairs crying and told police the two had an argument over a conversation she'd had with another man at a nearby bar. Police reported smelling alcohol on the breath of both Dunn and the woman.

The woman told police Dunn threw a cell phone at her, attempted to strangle her on a bed and pointed a handgun at her. Police found two guns in the home as well as hundreds of rounds of ammunition and six guns inside a safe.
MyFoxBoston reported that a judge determined the trooper is not a danger to society and can be released. He was previously held in jail without bond, pending the hearing. He will be fitted with a monitoring device to track his whereabouts.

Continue reading "Massachusetts State Trooper Charged With Domestic Assault and Battery in Quincy" »

Charges of domestic assault and battery in Massachusetts often are accompanied with allegations that a defendant violated a 209A restraining order.

A Massachusetts restraining order violations, also referred to as a 209A violation requires the Commonwealth to prove the following elements:

First, a valid 209A order was entered by a judge and in effect on the date of the alleged violation;

Second, that the defendant violated the order;

Third, the defendant had knowledge of the order.

In the case of Commonwealth v. Shangkuan, decided by the Appeal Court on February 28, 2011, the court addressed the issue of what proof of service of the order when service is made in another state. The Shangkuan case arose out of the Eastern Hampshire District Court, which covers the area of Belchertown and UMass at Amherest.

The defendant's Massachusetts criminal lawyer argued that the Commonwealth could not prove that the defendant was served with the order unless it called as a witness the police officer from New Jersey that served the order. The attorney argued that without an opportunity to cross examine the officer, the defendant was being deprived of his right of confrontation under the Sixth Amendment to the United States Constitution.

The Appeals Court held that the return of service was admissible as a public record and that it was nontestimonial and accordingly, confrontation is not required. The Appeals Court held that the return of service is not created solely for the purpose of a criminal investigation and was not created for the purpose of proving some fact at a criminal trial.

Continue reading "Restraining Order Violations in Massachusetts and Proving Service without live testimony" »

Massachusetts domestic assault and battery charges were brought against a Quincy man Matthew Grahm. Grahm faces an indictment in superior court as it is alleged that the incident
caused his girlfriend to bleed from the lip and have trouble breathing according to a news report in the Patriot Ledger. Grahm was charged with aggravated assault and battery based on the severity of the injuries, witness intimidation and assault and battery with a dangerous weapon.

As a Quincy, Massachusetts criminal lawyer, generally charges of domestic assault and battery remain in the district court. If a case stays in the district court, the maximum sentence per count is 2.5 years in the house of correction. Given the seriousness of the alleged injuries, it is not surprising that the district attorney sought an indictment to bring the case to superior court where the district attorney can seek up to 10 years of State prison time under Massachusetts domestic assault and battery law.

Continue reading "Quincy Man faces indictment after Massachusetts domestic assault and battery arrest" »

A Milford, Massachusetts man, Jason Metivier faces Massachusetts Domestic Assault and Battery charges according to a report in the Daily News. The charges were brought in the Milford District Court.

According to the news account, the alleged victim kicked the defendant out of her house because of abuse. The defendant and victim met in the victim's car on Saturday where she was punched in the face according to the news account. She did not call the police regarding the incident on Saturday because she was scared. The complaining witness indicated that the defendant showed up the next night, began going through her phone, when she grabbed the phone, the defendant slapped her face and punched her left thigh a few times, and broke the phone.

The Judge of the Milford District Court, set a cash bail in the case of $ 2500.00 based on the defendant record.

As a Worcester criminal lawyer, charges of domestic assault and battery can be easily brought because they are based solely on the report that an alleged victim makes to the police. In the case before the Milford Court, I would expect the defendant to face multiple counts relating to both of the incidents. Each alleged domestic assault and battery can form the basis of a separate count of the criminal complaint.

In a case where there is a gap between the incident and reporting it to the police, a Massachusetts criminal attorney can use the delay to undermine the credibility of the victim's allegations. Of course, that tactic has its risks as most victims will claim that the incident was not reported to the police as a result of fear of intimidation by the defendant.

Typically, a domestic assault and battery defense will involve determining a motive as to why the victim may fabricate or exaggerate the allegations.

Continue reading "Milford man faces Massachusetts Domestic Assault and Battery Charges" »

Actor Nicholas Cage was arrested on Domestic Assault and Battery charges in the New Orleans french quarter, according to multiple news reports. It was reported that Cage was drunk, got into an argument with his wife and grabbed her by the arm. Cage was also charged with disorderly conduct and disturbing the peace.

As a Massachusetts domestic assault and battery attorney, Cage's case is of interest because it appears as though there may be independent witnesses to the alleged domestic assault. This can be significant because in a case where the alleged victim is uncooperative, the district attorney may still be able to pursue the charges as there are independent witnesses to testify as to what occurred. Of course, the case is much weaker without the victim testifying; however, it is still possible for the Government to obtain a conviction. Any domestic assault and battery charge should be taken seriously by hiring an experienced Boston criminal defense lawyer.

A 39-year-old Fall River man was sentenced to eight years in prison on Massachusetts domestic assault charges, despite the fact that his wife refused to testify against him, the Herald News reported.

Fall River domestic violence defense lawyers are often called to handle such allegations, which can arise for a variety of reasons. Unfortunately, today's zero-tolerance world means law enforcement will typically make an arrest based on a spouse's accusations. Prosecutors will prosecute, regardless of whether the alleged victim wishes to cooperate or press charges. In other cases, a spouse may make a false accusation or may exaggerate the extent of the argument or of her injuries. In still other cases, domestic assault charges can be filed in connection with an argument with another family member.

As this case illustrates, such charges can be very serious. Accusations can impact a child custody or divorce case and a conviction can have long-term consequences, including the inability to own firearms or to hold certain jobs, particularly in law enforcement and the military.

Domingos Almeida pleaded guilt last week to charges of armed assault with intent to murder and mayhem. He was sentenced to 6 to 8 years in prison on the assault charge, followed by five years of probation on the mayhem charge.

The Bristol County District Attorney's office contends Almeida's wife awoke one night in March 2009 to find him punching her repeatedly in the face. He then assaulted her with a pipe and began strangling her with it. She was able to escape to her parent's house nearby.

Once the case made it to the court system, the wife invoked her marital privilege and declined to testify against her husband. Instead, prosecutors used the wife's testimony from a previous dangerousness hearing, as well as the testimony of the nurse and emergency medical technician who treated her.

A spokesman for the D.A.'s office said "Domestic violence is a serious problem, and we will continue to do whatever it takes to prosecute these complex and, sometimes, difficult cases."

A Massachusetts domestic violence charge may be pursued, even against a couple's wishes, once it is initiated. An experienced defense lawyer should always be called at the earliest possible stage of such cases.

Continue reading "Massachusetts domestic assault cases may be pursued against a couple's wishes" »

A 72-year-old man was arrested for allegedly killing his wife on Sunday and was in jail Monday as state lawmakers began debate on a comprehensive domestic violence bill, Fox Boston reported.

In recent years, lawmakers have passed or debated laws to protect the jobs of victims of domestic violence, protect their housing, and even a measure to include pets in the definition of domestic violence in Massachusetts. Meanwhile, the penalties continue to get more severe for those convicted of domestic charges. Among the provisions of the newest proposal is a measure that would give loved ones the rights to the body of a family member killed by a spouse.

Authorities received a 911 call on Sunday about a murder-suicide. But when they arrived at the home they found 72-year-old David McCall alive in the kitchen and his 69-year-old wife on the floor with a gunshot wound. She was taken to the hospital, where she was pronounced dead. The defendant was wheeled out of his home and taken to Malden District Court. He was charged with murder and was being held without bail pending a competency hearing.

The Boston Globe reported 30 Massachusetts homicides in 2010 were related to domestic violence. Lawmakers dedicated themselves to passing additional laws aimed at punishing victims and helping offenders during White Ribbon Day at the State House earlier this month.

But the fact remains that the laws are often abused. More than many other types of crime, the social stigma associated with a domestic violence allegation can lead to job loss and strained relationships with friends, family and coworkers. False accusations are often made as the result of a contentious divorce or breakup or in the midst of a child custody case. Not only can restraining orders prevent a defendant from visiting his children or even returning home, but a conviction can negatively impact the outcome of divorce, child custody and visitation cases.

A conviction can prevent a defendant from owning firearms and may prevent him from working in certain professions, including law enforcement or as a member of the armed services. The National Coalition Against Domestic Violence reports nearly 30,000 protection orders are issued each year, which can greatly impact a defendant's life with or without a finding of guilt. A conviction can result in a penalty of up to 2.5 years in prison, a $1,000 fine, mandatory counseling and community service.

The Massachusetts Office of Public Safety has developed guidelines for an officer's rights and responsibilities at the scene. Frequently, a complaint will result in arrest. However, these cases are often he-said-she-said and consulting with an experienced defense attorney is the best option for protecting your rights in the wake of a domestic violence charge in Boston or the surrounding area.

Continue reading "Massachusetts debates domestic violence as man convicted of killing elderly wife " »

A 47 year old man Gerald Narold was charged with domestic assault and battery in the Attleboro District Court. According to the news account from David Linton, who covers the Attleboro District Court for the Sun Chronicle, police allege that Narold pulled a clump of hair from the head of his girlfriend. She called 911; the couple's six year old daughter tried to intervene to prevent the incident from occurring.

As a Massachusetts domestic assault and battery lawyer, charges of domestic assault often involve the parties having completely different versions of events. It is not uncommon for someone charged with domestic assault to vigorously contest the facts alleged in the police report. Domestic assault and battery cases also involve complex legal issues surrounding the right of confrontation and the degree to which the Commonwealth can admit a 911 call into evidence. Recent case law from the United States Supreme Court has expanded the degree to which a prosecutor can admit 911 calls into evidence when the victim does not testify in court.

Narold was held on 1500 cash bail. Given that the news account indicates he had a prior domestic assault from Wrentham District Court on his record, the bail amount was not unreasonable given the circumstances.

Continue reading "Massachusetts Domestic Assault and Battery charge brought against man in Attleboro District Court" »