Massachusetts Criminal Defense Attorney Blog
The Brockton Enterprise reports that Mary Lukasik, a Massachusetts woman will be charged following an accident that resulted in a death just two days ago. The thirty four year old Lukasik was driving a car that struck a fifty one year old woman. The accident occurred around 7:00 in the morning. Lukasik will be charged with Motor Vehicle Homicide by way of Negligent Operation. The case will be prosecuted at least initially in the Hingham District Court.
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Massachusetts Motor Vehicle Homicide Defense Law Firm
Hingham, Massachusetts Motor Vehicle Crimes Defense Lawyer
In the opinion of this Massachusetts Criminal Lawyer perhaps the most unjust crime that is prosecuted in Massachusetts is Motor Vehicle Homicide by way of negligent operation. This Massachusetts law states that ordinary negligence, the same negligence that applies to tort cases can suffice to establish guilt of the accused. The law requires the district attorney to prove beyond a reasonable doubt that the accused operated a motor vehicle, that she did so in a public way and that she did so in a negligent manner such that the lives and safety of the public might be endangered. A finding of “ordinary negligence” establishes a violation of the statute. The penalty for a conviction under this statute is rather severe given the absence of a need to prove criminal intent. There is a minimum thirty day sentence and up to two and one half years under the misdemeanor version of this law and significantly more if the case is prosecuted as a felony. There is also a fifteen year loss of license for anyone convicted of this crime. While the article is silent as to whether this case will be charged as a misdemeanor or felony it appears that a misdemeanor complaint has issued.
To successfully defend a case like this it is necessary to show an absence of negligence on the part of the accused. Did the victim dart out in front of the car? Was there some sort of obstruction in the road or nearby area impacting the driver’s ability to see the pedestrian? Was the accused acting appropriately and this simply an unfortunate accident? These are some of the questions that Ms. Lukasik’s lawyer will investigate in preparing for her defense. Being accused of a crime does not mean that a person is guilty of having committed that crime. Unfortunately, when a death is involved prosecutors tend to try to hold someone accountable for the act. Their approach is often “let a judge or jury determine what happened and assign accountability”. Good, experienced defense lawyers can convince a judge or a jury that there was no crime committed and perhaps all that occurred was an unfortunate accident.
The Law Offices of Stephen Neyman defends people facing Motor Vehicle Homicide Charges in Massachusetts. We are exclusively a criminal defense law firm. If you want to discuss your case call us now at 617-263-6800 or send us an email. We will start preparing your defense now.