Stephen Goudreau of Peabody was arrested yesterday in Danvers after the police receiving a call from Goudreau’s girlfriend complaining that she had been Assaulted. Apparently the two were arguing about a car when Goudreau supposedly put his hands to her throat and tried to strangle her. The woman called the police. Emergency medical personnel arrived as well. The woman treatment and was not seriously injured. While the police were investigating Goudreau reappeared and was arrested. He has been charged with Domestic Assault and Battery and Assault With Intent to Commit Murder. The case is pending in the Salem District Court.
http://www.salemnews.com/local/x820636876/Police-Peabody-man-tried-to-strangle-his-girlfriend#
Danvers Domestic Assault and Battery Defense Lawyer
The Assault With Intent to Murder charge seems suspect. No matter how strong the case that charge is always difficult to prove. The elements of the offense are assault, a specific intent to kill and malice. Here, the act of putting his hands around the victim’s neck does not likely satisfy the element of a specific intent to kill. The assaultive behavior was brief and did not warrant medical attention. There is not even an indication that the victim showed marks around her neck. Similarly, the element of malice in the context of this charge requires the district attorney to show that Goudreau intended to kill his girlfriend without justification or mitigation.
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