Articles Posted in Assault and Battery

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Twenty-two year old Anthony Merrill of Lynn Massachusetts is charged with assault with intent to murder and assault and battery by means of a dangerous weapon relating to a stabbing that occurred in Hammond Park in Marblehead. According to The Salem News, Merrill approached a Salem Massachusetts man from behind and stabbed him. A witness reported observing an individual in the park prior to the assault with two shiny objects. It has been reported that Merrill had two steak knives in his hand when he approached the victim. Initially the victim believed that he had been struck by a rock and chased after his assailant. The victim’s friend alerted him to the fact that he had a knife sticking out of his back. Two bloody steak knives were confiscated from the scene. It is believed that the attack was unprovoked. Following his arraignment in the judge ordered that the defendant be held on $25,000.00 cash bail. The defendant was identified based on witness descriptions and photographic identifications made by witnesses.

Based on the facts of this case, it seems that a viable defense is that the defendant has been mistakenly identified as the culprit. In Massachusetts, presenting a defense of mistaken identification can be successful in situations, such as this one, where the defendant was not identified until a period of time passed and it does not appear that the parties knew one another. Furthermore, the fact that this incident took place at night could strengthen the defendant’s position that he has been misidentified.

A successful Boston area defense attorney would likely file a pre-trial motion requesting that the Commonwealth disclose the details of any and all identification procedures. After gathering this information a decision must be made relative to whether a motion to suppress the identification of the defendant as the perpetrator should be filed. The grounds for this type of motion often include that the identification of the defendant was unduly suggestive either by the conduct of the police or the circumstances under which the identification was made. If the Court allows the defendant’s motion then the out of court identification is suppressed. At this point, the Commonwealth must demonstrate that any in court identification is based on a source independent from the tainted prior identification. In most cases, when the identification of a defendant is suppressed the case would be dismissed.

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The Salem News reports that forty-eight year old Peter Postell from Salem Massachusetts will be spending the next six months in jail for shoving a neighbor that Postell had been ordered to stay away from. Postell was two weeks away from completing his probation for a harassment conviction. His terms of that probation included that he have no contact with neighbors who were the target of the harassment. Earlier this week in a hearing conducted in Salem District Curt the neighbor testified that as he tried to avoid making eye contact with PostellPostel as he came down the street but Postell came up and shoved him. According to reports, the defense suggested that the timing of the allegations were suspicious due to the fact that Postell was expected to move in next door to the complaining neighbors after the probationary term ended. A District Court Judge did not buy the argument and Postell was sentenced to six months in jail.

In Massachusetts, ordering a defendant to have no contact or to stay away from alleged victims or complainants is a common term of probation. Crimes in which this type of order is often imposed includes circumstance in which a defendant is charged with domestic assault and battery, assault and battery, trespass, violation of a restraining order, threats and harassment. If you have been charged with this type of offense it is imperative that you have an experienced Boston area defense attorney on your side. In the event that the case is disposed of you must ensure that any imposed term of probation is reasonable and related to the crime charged.

In the District Courts of Massachusetts defendants do not ordinarily go to jail because of the initial charge. It is often when the probation department alleges that a term of probation has been violated that the defendant’s liberty is in jeopardy. The probation department gives notice to the defendant that it believes he or she violated the terms of probation and a preliminary hearing is conducted. Depending on the facts of the case, the probation officer may request that a defendant be held in detention until the final surrender hearing. At the final surrender hearing the defendant has the opportunity to present his defense. The rules that apply during a probation hearing are more “relaxed” than those that apply at a trial. Although less stringent, any information must be credible and reliable. If you are facing a probation surrender hearing it is imperative that you have an experienced trial attorney at your side to ensure that your rights are protected and the probation department is made to sustain its burden of proof.

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Thirty-two year old Lawrence Massachusetts man Jorge Guzman has been arrested and charged with assault and battery by means of a dangerous weapon, assault and battery on a household member, mayhem, assault and battery on a child under fourteen, and malicious damage to property over $250. The Lawrence Eagle Tribune reports that Guzman threw kitchen furniture around and eventually threw boiling water at his twenty-eight year old girlfriend, Aura Vasquez, and her young toddler. According to reports, Vasquez informed police that Guzman had been drinking and became jealous. An argument ensued that, unfortunately, became physical. Vasquez and her child suffered second and third degree burns on thier faces and other areas of their bodies. Vasquez is being treated at Massachusetts General Hospital and her daughter is at the Shriner’s Hospital.

In Massachusetts, the defendant can be charged with assault and battery by means of a dangerous weapon because the boiling water is the alleged “dangerous” weapon. The case law in Massachusetts defines a “dangerous weapon” as an object that is “per se” dangerous, such as a gun or an object that can that is used in dangerous fashion. For example, a pencil would not be considered a dangerous weapon “per se,” however, if it was used to poke or stab someone it would be considered a “dangerous weapon.” If convicted of this offense a defendant can face up to ten years in state prison or two and one half years in jail.

Although all of the facts are not known in this case, it appears that this case stems from an incident of alleged domestic violence. In such cases, the police often inform the complaining witness of his or her right to apply for an emergency restraining order. If you believe that you are the defendant in a restraining order you should contact an experienced Massachusetts criminal lawyer. In order for a restraining order to issue the complainant must demonstrate that he or she is in reasonable apprehension of immediate physical harm. You must have an aggressive advocate on your side. If you are a defendant in a criminal case and receive notice of a restraining order hearing contact Our Attorney. There are many issues that must be considered such as whether it is prudent for you to speak at the hearing. In most district courts, the restraining order hearings are recorded. Thus, if you speak anything that you say could be used against during the criminal proceeding. It is imperative that you contact a Massachusetts domestic violence attorney to ensure that you understand the consequences of any actions that you take.

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Kuokwing Wu, 59 years old from Brooklyn New York appeared in Peabody District Court and plead not guilty to charges of indecent assault and battery on a child under 14. According to The Salem News, the 10 year old boy and his 13 year old brother were in a restroom in the mall near the food court when Wu reached over and pulled out the waistband on the 10 years old pants.

The boys promptly reported the incident to their mother who reported it to mall security. According to reports, the description given by the boys matched Wu who worked at one of the establishments in the food court. Wu was questioned by the police and a friend of his interpreted. According to the Salem News Wu maintained that he pulled at the boys shirt to show him that it was wet. The boys claimed that the shirt was dry. The defendant was held on $10,000.00 cash bail following a bail hearing in the Peabody District Court. Wu will return to Peabody to answer to the criminal charges next month.

A defendant charged with this type of offences, or any type of crimnal charge including assault and battery, must have an experienced criminal lawyer on his or her side to ensure a favorable outcome. In Massachusetts, a conviction for indecent assault and battery can result in incarceration and have collateral consequences of having to register as a sex offender. Depending on the facts of the case, the strategy developed early on by a Massachusetts criminal defense attorney can have an impact on the case. For example, in a case where the defendant gave a statement to the police a motion to suppress the statements is often a viable option. Before the police question a defendant who is in “custody” they must inform him or her of the “Miranda Rights.” In short, the police must inform the defendant that he or she has a right not to speak with the police, has a right to have an attorney present for questioning, that if he or she cannot afford an attorney one can be appointed to him or her and that anything he or she states can be used against him or her in court.

In appropriate circumstances, an experienced Massachusetts defense attorney presents the argument that the defendant was in “custody” when questioned by the police and that he or she did not knowingly and intelligently waive these rights. Successfully suppressing an inculpatory statement can often result in removing a powerful piece of evidence from the Commonwealth’s case.

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The Salem News reports that a Salem Superior Court judge released Nicholas Pratt, 24 of Salem who is accused of shaking his infant son during a fight with the child’s mother on Mother’s Day. The prosecutor argued that Pratt was a danger and should remain behind bars however, Judge Timothy Feeley released him to live with his friend and employer.

According to reports, Pratt is charged with two counts of domestic assault and battery on his six month old son and his girlfriend. The baby was examined and found to have an injury to his eye. Apparently, there was an indication that the child suffered a previous skull fracture. Authorities do not know how or when that injury occurred. There is also an additional charge of intimidation of a witness. Depending on the facts of a case in which domestic assault and battery has been alleged, the charge of intimidation of a witness often stems from attempts that the defendant may have made to prevent the complainant from contacting the police.

Massachusetts General Laws Chapter 268 § 13B provides that witness intimidation requires proof that (1) an individual was a witness in a stage of a criminal proceeding, and that the defendant (2) wilfully endeavored or tried to influence the witness, (3) did so by means of intimidation, force, or threats of force, or the offering of inducements, and (4) did so with the specific intent of influencing the witness. In Massachusetts, the witness intimidation statute punishes anyone who willfully endeavors to intimidate a witness; it does not require that the intimidation be successful. An experienced Massachusetts defense attorney can challenge the prosecutor’s case by establishing that the government fell short on proving any one of these elements beyond a reasonable doubt.

When facing charges of domestic violence in Massachusetts it is imperative that a defendant be familiar with the rules that govern the issuance of a restraining order. In order to apply for a restraining order a complainant must demonstrate that he or she is in reasonable apprehension of immediate physical harm. When there is a request for a restraining order and a hearing is going to take place while a criminal case is pending, a defendant should seek the advice of an experienced Massachusetts domestic violence lawyer before speaking at any hearing. Under most circumstances, any statements made by a defendant during a restraining order hearing can be used against him or her at trial. The decision whether to speak during this hearing in an attempt to prevent the order from issuing but risking providing the District Attorney with potentially damaging evidence is an important one. Making the wrong decision may affect the outcome of your criminal case.

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The Salem News reports that James Chouinard of Peabody Massachusetts was arrested and charged with three counts of assault by means of a dangerous weapon. According to reports, the police responded to an apartment located in Peabody Massachusetts after Chouinard’s sister requested that he be “checked on.” Apparently, he called his sister and informed her that he “took” a lot of pills. When the police arrived, the authorities claim that Chouinard would not let them in and waved a sword at them. He was charged with three counts of assault by means of a dangerous weapon. The Salem News reported that he was transported to the Salem Hospital for a psychiatric evaluation.

In Massachusetts, assault by means of a dangerous weapon is a felony. See, M.G.L. Chapter 265 section 13A. If a defendant is convicted for assault by means of a dangerous weapon in the Superior Court, he or she can receive a sentence of up to five years in state prison. If he is convicted in a district court he or she faces up to two and one half years in jail.

To prove this offense, the government must prove an assault and that it was committed with the use of a dangerous weapon. The prosecution can prove that the defendant’s actions was an attempted battery or was an immediately threatened battery. Under the first theory, the Commonwealth must prove that the defendant intended to commit a battery and came reasonably close to doing it. Under this theory of assault, it is not necessary for the Assistant District Attorney to prove tht the victim was put in fear or was even aware of the attempted battery. The second form of assault is commonly referred to as a “threatened battery.” Here, the prosecutor must prove that the defendant intended to put the victim in fear of an imminent battery and committed an act which the victim reasonably perceived as an imminently threatening battery.

The aggravating element in this crime is that the assault was committed with a dangerous weapon. The dangerous weapon does not have to be a gun, knife or other item that is commonly believed to be a weapon. Any object can be a weapon if it has the apparent ability to inflict harm. Cigarette lighters, shoes, and even a pencil may be considered a dangerous weapon in the appropriate circumstances.

If you are charged with simple assault, assault by means of a dangerous weapon, assault and battery by means of a dangerous weapon or any violent offense it is imperative that you contact an experienced defense attorney as early as possible. In order to successfully defend against these types of crimes. It is important to have a trial attorney on your side early in the case.

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According to The Lawrence Eagle Tribune, the police responded to Woodland Avenue in Salem Massachusetts on a report of a domestic dispute. According to the paper, Jake Wells, 32 years old called the police and reported that his father, John Wells, threatened him with a chain saw. When the police arrived they saw the elder Wells on the front porch holding a chain saw that was running. John Wells initially refused to drop the “weapon” however, eventually succumbed and was placed in custody. The paper also reports that the son went after the police and was also arrested. The elder is free on bail and junior will be summonsed to the District Court.

Based on these facts it appears that the John Wells will likely face charges of assault by means of a dangerous weapon, assault and battery on a police officer and resisting arrest. His son will likely face assault and battery on a police officer and resisting arrest. As in most cases where the police respond to a home on a report of “domestic violence,” it is also likely that the parties will be informed of their rights to apply for a restraining order.

The authority for the issuance of restraining orders is derived from M.G.L. ch. 209A §3. Not just anyone can apply to the District Court for a restraining order to issue. The parties must be a “family” or “household member” and the applicant must feel that he or she is abused. Family or household members are people who are or were married to one another, people who are or were residing in the same household, are or were related by blood or marriage, have a child together or who are or were in a substantive dating or engagement relationship. “Abuse” has been defined as attempting to cause or causing physical harm, placing another in fear of imminent serious physical harm and causing someone to engage in sexual relations involuntarily by force, threat or duress.

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A Lawrence Massachusetts man was arrested last week and charged with two counts of assault and battery on a child under fourteen and assault and battery on a child under fourteen years old and assault and battery by means of a dangerous weapon. According to The Lawrence Eagle Tribune, the police allege that Amaruys Guzman of Lawrence beat his nine year old son and his ten year old daughter with a phone charger chord.

According to reports, the police were called to a South Lawrence East School to investigate a child abuse complaint. Apparently, the two siblings fought over a toy car that the brother returned with from a local park and claimed that it was given to him by a friend. His sister told him that he had to return the toy. The children were struck with the wire cord after the stepmother called their father home to deal with the situation.

In Massachusetts, the charge of assault and battery is a misdemeanor and if convicted, a defendant can face up to two and one half years in jail. However, the crime of assault and battery upon a child that causes bodily injury is a felony and if convicted a defendant faces up to five years in state prison or up to two and one half years in jail. The crime of assault and battery by means of a dangerous weapon is also a felony with the potential penalty of up to ten years in state prison or up to two and one half years in jail. These types of crimes are considered violent crimes against a person.

If you are charged with any type of assault and battery in Massachusetts, you must contact an experienced defense attorney as early as possible. Depending on the facts of the case, the defenses of self-defense and defense of another are often viable defenses. Also, depending on the circumstances, an experienced Massachusetts trial attorney can demonstrate that a defendant was improperly identified as the perpetrator. This is commonly referred to as a “case of mistaken identification.”

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According to The Salem News, Rafael Lugo, 21 years old from Salem Massachusetts has been charged with six counts of assault and battery and five counts of assault and battery with a dangerous weapon. A warrant for Lugo’s arrest issued after police said some students at Salem High School witnessed him repeatedly slam his girlfriend’s head into the steering wheel of a car as she held their 1-year-old daughter. Coincidentally, on the day of his arraignment for these charges, Lugo was also due in court for a pretrial hearing that related to a previous domestic abuse case involving the same parties. It has been reported that the teenage victim, a special needs student at the school, and her mother are both saying, “It’s not that big a deal,” according to Lugo’s attorney.

Despite the fact that the court did not issue a restraining order due to the fact that the victim claimed that she was not in fear of Lugo, the judge revoked his bail in the pending case and set additional bail of $5,000 on the new charges. Additionally, the Salem News reported that the police filed a report with the Department of Children and Families. Lugo’s next scheduled court date is May 11th.

As with all cases, there are two sides to every story. The News reported that Lugo’s attorney maintained that his client, who was previously slashed on the face at a nightclub said the incident on Wednesday was provoked by the woman biting him on the face, near where he was stabbed.

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According to the Boston Globe, Wellesley Massachusetts native Margaret Greer’s simple task of picking her husband up at Logan Airport turned ugly when she refused to move her Mercedes Benz from the bus lane. The Globe reported that Greer was told to move along as she waited for her husband at Logan Airport. Police say that she did not go quietly and ended up in East Boston District Court charged with assault and battery on a police officer, assault and battery by means of a dangerous weapon and failing to stop for a police officer.

Sergeant Danial Wildgrube approached Greer’s car and told her she would have to move because she was obstructing traffic in a bus lane. According to Wildgrube after he made that request, Greer ignored him. A confrontation ensued where the police claim that Greer gunned her engine and sped off, clipping him with her side mirror and forcing him to leap out of the way.

Greer’s account of the events is at odds with that of the police. At her arraignment, her attorney entered a plea of not guilty on her behalf. A preliminary hearing is set for May 13th. Greer’s attorney maintained that she is, “. . . a highly respected member of the community and has pled not guilty to all allegations,” The attorney maintained that, “There are two sides to every story, and we strongly contest the facts as presented by the Commonwealth and look forward to presenting our side of the story. It’s very upsetting and traumatizing to her. . . . Anyone who has picked up or dropped off anyone at the airport may understand there’s two sides to the story.” Suffolk District Attorney Daniel F. Conley said: “If a trooper asks you to move your car from a bus lane, you do it. . . . The trooper gave her every opportunity to do the right thing and she blew it. Now she’s looking at a felony charge.”

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