Charges of assault and battery in Westborough are typically filed by authorities in cases where there is some type of fight or domestic dispute. The severity of injuries sustained by the alleged victim goes a long way toward prosecutors determining what type of charge to bring.
This is a commonly filed charge in domestic assault and battery incidents in Massachusetts. And these charges, while somewhat common, can be some of the most difficult cases to bring for prosecutors. Massachusetts criminal defense lawyers have seen that many times, the charges come down to one person’s word against another’s, which can be tough for jurors to determine.
When police are called to a person’s house after an alleged victim calls 911 to report a domestic incident, they have to make a snap judgement, based often on which person seems most credible, who is bigger and who has more scratches or bruises. This is a difficult task and many times, police take the stereotypical way out and choose the man as the suspect and the woman as victim.
Jason Cavooto, 36, is charged with assault and battery with a dangerous weapon, assault and battery and threatening to commit a crime, the newspaper reports. He is already facing charges of running a methamphetamine lab out of his shed and carrying a gun without a license. The case is being heard in Middlesex Superior Court.
In this case, a Marlborough District Court judge ordered him held without bail after it was discovered he had the open case in Middlesex Superior Court. Bail was initially $10,000.
According to the newspaper’s account Cavooto’s girlfriend told police that they were sitting with a friend at their house when she said something to him. He cussed at her and punched her in the arms and stomach, which caused her to throw up, she said. He allegedly backhanded her, which knocked her out.
Later that night, according to police, he punched her in the mouth and split her lip. He is accused of throwing her into the kitchen table, cutting her back and breaking a mirror. He also allegedly grabbed her by the throat and choked her the next morning. When he called the next day, he allegedly threatened her and while the phone was still connected, told a friend he was going to kill her.
In Massachusetts, in order to find a person guilty of assault and battery, the state has to prove three specific elements:
- That the defendant touched the person without having the right to do so
- That the defendant intended to touch the person
- That the touching either was likely to cause bodily harm or was done without consent
Massachusetts Criminal Lawyer Michael DelSignore represents clients facing serious misdemeanor and felony charges throughout the state.
More Blog Entries:
Brawl in Taunton Broken Up By Off-Duty Police Officer results in Massachusetts Assault and Battery charges: November 15, 2011
Six Enter Innocent Please in Connection With Mansfield Beating: August 4, 2011