Massachusetts Criminal Defense Lawyer Blog

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.