Massachusetts Criminal Defense Lawyer Blog

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.

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Actor Charlie Sheen will serve 30 days in jail as a result of a plea agreement reached in his domestic assault case. It was alleged that Sheen pinned his wife Brooke Mueller to the bed and held a knife to her throat. Sheen was charged with felony menacing, third degree assault and criminal mischief. With good behavior, Sheen may only have to serve 15 days of his sentence.

In Massachusetts, a defendant is not eligible for parole unless the jail sentence is 60 days or greater. Under the plea agreement, Sheen will not be on probation as is typically the case in domestic assault case. In Massachusetts, often as a condition of probation on a domestic assault a defendant would have to complete either the batters program or the anger management program. If a defendant does not successfully complete the terms of probation, in a Massachusetts criminal case the judge can bring the case back to court for a probation violation hearing, also known as a probation surrender. At that time, the court readdresses the defendant's sentence and can sentence a defendant up to the statutory maximum upon finding of a probation violation.

For some individuals, straight jail time is preferred over restrictive probationary conditions. In Sheen's case, it appears that he elected for a straight jail sentence to avoid having the matter linger and potentially interfere with his role on the CBS comedy Two and Half Men.

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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.

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Massachusetts domestic assault and battery charges were brought in the Fall River District Court against former Durfee High School basketball star, Michael Herren, according to the Herald News.

Herren was held without bail as the judge revoked his bail on a prior case. At the time of his most recent arrest, Herren had a pending assault and battery charges against him, in which he was released on bail or personal recognizance. When a defendant is released on bail, if a defendant commits a new offense, the district attorney can seek to revoke the bail on the prior offense and hold a defendant for up to sixty days without bail.

The news account indicates that Herren is accused of grabbing the neck of his girlfriend, scratching her, hitting her head against a table and slamming a door on her leg. In the alleged victim's affidavit, the victim stated that things got physical on both sides. A Fall River criminal defense lawyer would want to review the affidavit to determine if there is a claim of self-defense or if there are inconsistencies between statements in the police report and the affidavit.

Additionally, in defending a felony assault, a Massachusetts criminal defense lawyer may want to use an investigator to interview potential witnesses in order to prepare a defense to the charge at trial. Since a lawyer cannot be both a witness and the attorney at trial, investigators are often used to ensure that a witness is available to testify in the event that a witness tells a different version of the events to the jury than what is told to the investigator during the pretrial phase of the case.

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An Attleboro man was charged with a Massachusetts assault and battery, the Sun Chronicle reported. Michael S. Casale, 39, of Coral Road, pleaded not guilty during his arraignment Monday in Attleboro District Court to Massachusetts assault and battery, threatening to commit a crime and two counts of assault to murder.

The police allege that the defendant put a plastic bag over the woman's face during an argument Saturday morning as she attempted to end the relationship, according to police. After convincing him she would not leave, they went to bed together. However, the defendant had the bag in bed and threatened to use it whenever she tried to move.

About 2 a.m., the victim's daughter drove her to the police station, where she reported the incident. Police arrested the defendant that day without incident and the judge ordered him held on $50,000 cash bail following arraignment. The assistant district attorney had requested bail be set at $100,000. The defendant is also prohibited from having any contact with the alleged victim.

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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.

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

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

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

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

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

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

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

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

Continue reading "Hingham, Massachusetts assault case unraveling as charges dismissed" »

A Framingham, Massachusetts man, Welerson D. Dos Santos, was charged with domestic assault and battery and threats to commit a crime. According to the news account, the dispute arose as Dos Santos and his wife were arguing about whether he is the biological father of one of his wife's children. The news report indicates that Dos Santos then threatened his wife's family if she tried to put him back into the court system and pushed his wife.

Dos Santos was released on his promise to appear in the Framingham District Court but held on a federal immigration detainer. A charge of domestic assault and battery is a serious offense that could result in denial of citizenship, deportation or denial of naturalization. A domestic assault and battery is a serious offense that requires careful investigation, speaking to witnesses and discovery into any motivation of the victim to fabricate or exaggerate the charges against the defendant.