Articles Posted in Domestic Violence

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John Foley of Abington, Massachusetts was released after posting fifty thousand dollars bail. He was held after being arraigned for allegations that he scalded his girlfriend’s two year old son. Apparently the incident occurred on April 2, 2010. The victim’s mother told police that while she was eating dinner Foley and her son were in the bathroom. She heard her son crying for ten minutes. She went to investigate. She observed her son’s hand to be red and burned. She claimed that Foley excused this as an accident. It is reported that the child’s right hand was burned down to his wrist, his left hand sustained burns as did his right foot. The victim’s mother initially told the police that this was an accident however she later recanted. Foley has been charged with Assault and Battery with Injury to a Child and Aggravated Assault and Battery on a Child. Charges are pending in the Wareham District Court.

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http://www.enterprisenews.com/news/cops_and_courts/x53547646/Abington-man-faces-child-abuse-charge

Child Abuse Defense Lawyer in Massachusetts

I would imagine that a toddler being scalded by hot water would let out a significant scream. Certainly this would be much more alarming than simply hearing the child crying. Would a mother really sit and listen to her child cry for ten minutes while she was finishing her dinner? Is it more likely that she would go into the bathroom to see what was happening to her child and to offer assistance to her boyfriend? These are issues that Foley’s Massachusetts Criminal Defense Lawyer will likely be exploring as the case works its way through the Plymouth County Court system. And why is Foley being charged rather than the mother? Is it simply because she changed her story? And when did she change her story? After the medical personnel came to their conclusion that this was not an accidental splashing but an immersion of the child’s hand into hot water? It seems like Foley has a lot to work with in support of his defense.

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Jessica Sampson is twenty three years old. She is now being held on twenty thousand dollars cash bail after supposedly stabbing her boyfriend in the chest during an argument with a kitchen knife. She is also accused of kicking the emergency medical technician in the stomach. The victim sustained stab wounds of a significant nature to his upper chest. Sampson was described as intoxicated. She has been charged with Assault and Battery, Domestic Assault and Assault and Battery by Means of a Dangerous Weapon. The victim is apparently doing well at this time.

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http://www.metrowestdailynews.com/news/x1030871490/Hudson-woman-charged-in-stabbing

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Domestic Violence and Abuse

Now here is a pretty interesting statistic supported by several websites. About forty percent of all incidents of Domestic Violence and Abuse involve violence by women against men. That translates into between three hundred thousand and four hundred thousand cases each year where the man is the victim. Few men report incidents of Domestic Violence however. The triggers of women abusing their husbands or boyfriends are typically alcohol abuse, psychological disorders or unrealistic expectations, assumptions and conclusions. My office is starting to see more women charged with Domestic Assault and Battery. We are also seeing more men seeking Restraining Orders against their spouses or girlfriends. Prosecutors in Massachusetts view these cases seriously no matter who the accused. If charged with this type of crime you should immediately Hire a Massachusetts Criminal Defense Lawyer.

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Oscoe Housen is being held without bail pending a dangerousness hearing in the Framingham District Court. The district attorney is alleging that Housen broke into a former girlfriend’s home and stabbed her and a man who was present at the time. The man was stabbed in the back. The woman was stabbed in the chest and arm. Housen is being charged with Domestic Assault and Battery, Assault and Battery by Means of a Dangerous Weapon, Violation of a 209A Restraining Order and Home Invasion. The case will probably be indicted and prosecuted in the Middlesex Superior Court in Woburn.

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Man Facing Domestic Violence Charges In Framingham District Court

The Home Invasion charge is the most significant in this case. The law in Massachusetts pertaining to Home Invasion states that anyone who is armed with a dangerous weapon and goes into someone else’s home and uses that weapon shall be punished for a minimum of twenty years in state prison. There is a requirement that the defendant know that someone was home at the time he went into the property or that he had reason to believe that someone would be home. Massachusetts Criminal Lawyers know that there is now a legal dispute in Massachusetts as to whether or not a judge can place the person on probation rather than impose the minimum sentence of incarceration for twenty years. If the article is accurate and Housen is convicted of this crime I have little doubt that he would be sentence to the twenty year mandatory given the apparent seriousness of the injuries to the victims.

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Erick Garcia’s former girlfriend went to the police station last Thursday around 3:00 in the afternoon claiming that Garcia had committed several crimes against her including, Assault and Battery, Kidnapping, Stalking and Assault With a Dangerous Weapon after refusing to accept the couple’s breakup. The woman reported that Garcia drove up to her, and dragged her into his car at knifepoint. Garcia further threatened that if he ever found her with another man he would kill both of them. He then stabbed her car seat with the knife and threatened to kill her daughter. It is alleged that some of the Threats were made by text message. Garcia is being held without bail pending a Dangerousness Hearing. The Massachusetts man now stands charged with those crimes in the Framingham District Court.

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Domestic Violence Charges Issue Against Framingham, Massachusetts Man Unable To Accept Breakup

Crimes involving Domestic Violence in Massachusetts are taken very seriously. Many of the crimes with which Garcia has been charged are felonies. There is a good chance that this case will be prosecuted in the Superior Court. Almost any time allegations such as this are made judges tend to hold the defendant without bail and schedule a dangerousness hearing at the request of the district attorney. It is critical that people charged with crimes involving these types of charges Hire an Experienced Massachusetts Domestic Violence Defense Lawyer. Getting the right lawyer can help you get released with a bail or possibly on personal recognizance. It is equally important to hire a lawyer who has successfully defended cases like these.

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According to the Lowell Sun Angel Escalera of Lowell, Massachusetts was in a fight with his girlfriend on Saturday morning. The police were advised that a Domestic Dispute was in progress and they responded to find Escalera and his girlfriend in a verbal argument. Apparently the two were fighting over the fact that a male had called the victim earlier. As the police investigated the victim told them that Escalera threw a cup of hot coffee on her neck and back. The woman’s shirt was wet and there were red marks on her neck consistent with minor burns. The victim refused medical treatment. The defendant was released on personal recognizance after being arraigned on charges of Assault and Battery by Means of a Dangerous Weapon. The case will be prosecuted in the Lowell District Court.

An Experienced Lowell Massachusetts Criminal Defense Lawyer could very well get a great result for Mr. Escalera. Many times these cases get dismissed due to the reluctance of the victims to go forward and testify at trial. If the parties reconcile their differences the victims often have a tendency to be uncooperative with the district attorney. Even if the victim is cooperative these cases can be continued without a finding particularly if the defendant has no criminal record. Lawyers in Massachusetts who Defend Domestic Violence Cases know what cases should be tried, what cases will be tried and which ones should be resolved short of trial. They will also know which cases are likely to get dismissed. It is important that you hire the right lawyer to ensure that your rights are protected.

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Nelson Nunez of Lynn, Massachusetts is currently being held in the Essex County Jail in Middleton on a cash bail of twenty thousand dollars. Nunez has been charged with Indecent Assault and Battery, Assault With a Dangerous Weapon and Assault With the Intent to Commit Rape. According to reports, on August 22, 2009 Nunez tried to rape his forty three year old girlfriend as he took off her clothes at knifepoint. The victim fought with Nunez and ran away calling for help after she freed herself. At that time the two had been in a relationship for over one year. Police stated that when they came into contact with the woman she had red marks and bruising around her neck. These cases are Felonies in Massachusetts.

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$20,000.00 Bail For Lynn Man Who Tried To Rape Girlfriend

In cases like this the fact that Nunez and the woman had a longstanding relationship often becomes a critical aspect of the defense. If they had a consensual sexual relationship a Massachusetts Rape Defense Lawyer might want to know what purpose would brandishing the knife serve. Was there truly an attack or was the report fabricated as a result of some dispute between the parties and the woman’s efforts to gain control of sorts in the relationship. What were the marks on the woman, if any consistent with. What statements has the woman made since the act that may suggest she is not being truthful. A thorough investigation is often the springboard for a successful defense. Defending Rape Cases in Massachusetts requires the expertise of an Experienced Criminal Defense Lawyer who has defended Sexual Assault Crimes and one who knows how to investigate such allegations.

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Last week Mark Snow of Rockland, Massachusetts was arrested for crimes that occurred earlier in the summer. He was charged with Breaking and Entering, Threatening to Commit a Crime, Malicious Destruction to Property and Assault. As to that case the prosecution alleged that Snow entered a home without permission, threw a rock through the window and threatened the occupant. Snow was released on those charges. Then, on September 12, 2009 he was arrested for Kidnapping. It was reported that a twenty four year old woman called the police to report that Snow unlawfully entered her apartment, assaulted her and confined her to her home. The woman stated that the incident occurred four hours prior to her making the call to the police. He is being held without bail at the Plymouth County House of Correction. Other charges Snow faces from the second incident are domestic assault and battery, assault and battery with a dangerous weapon, breaking and entering, threats and witness intimidation.

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Massachusetts Man Arrested For Kidnapping Just Days After Being Charged With Assortment Of Violent Crimes

If the details of the article are accurate it seems strange that the woman would wait four hours to report a crimes as violent as this one appears. Violent crimes in Massachusetts are usually reported right away. When I am defending home invasion or breaking and entering cases almost every initial complaint is made by a 911 call either during or shortly after the event. Extensive delays in reporting without a valid excuse raise a red flag. Why did the victim wait to report the crime? Often times the reasons for the delay disclose an illicit motive for making an unfounded complaint in the first place. This provides Massachusetts Criminal Attorneys with viable defenses to the charges. It would not surprise me to see the second case against Snow resolved in the Hingham District Court.

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Reports state that Ralphie Arroyo from Framingham, Massachusetts was arrested yesterday in the early morning after choking his wife until she could not breathe. The woman told the police that Arroyo punched her in the head as well. A witness claimed to have seen the woman throwing household items out of a window just before the incident occurred. A mark was observed police on the woman’s head but there is no mention of anyone having seen something on her neck. The woman claimed to have been depressed and was looking out of a window just prior to the attack. The prosecution has charged Arroyo with domestic assault and battery in the Framingham District Court. Bail has been set at one thousand seven hundred dollars.
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Domestic Assault And Battery Charges For Framingham Man

The American Bar Association has recently published some interesting statistics about Domestic Violence. Approximately twenty five percent of all women nationally were either raped or physically assaulted by a spouse or someone with whom they had a dating relationship. About one third of all female murder victims were killed by an intimate partner. It is statistics like this that rightfully cause judges concern about cases like this that are being prosecuted.

In this case however reports suggest a story other than the one the woman told the police. Her statement to the police that she was just staring out of the window during a moment of depression conflicts with the observation of the witness who saw her throwing objects out of the window. While this in no way condones acts of violence towards anyone it certainly effects the credibility of the complaining witness. Inconsistencies such as this can be fatal to a prosecution. This fact will no doubt be exploited in some regard by Arroyo’s defense lawyer.

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Just a couple of days ago a Lynn, Massachusetts woman was arrested and charged with threatening to commit a crime, assault and battery by means of a dangerous weapon and trespassing. The victims are her former husband and his friend. According to reports Janice Bolen-Kavanaugh and co-defendant Zlatan Sarajlic encountered the ex-husband’s friend. Sarajlic had a handgun. Bolen-Kavanaugh asked where he lived and he gave a fake address. He went home. Bolen-Kavanaugh then appeared tried to enter his home by pushing in a window screen. The victim went into the next room to warn Bolen-Kavanaugh’s ex-husband Steven Kavanaugh. Bolen-Kavanaugh then swore at the victims and told them that Sarajlic was going to kill them. Sarajlic then manipulated the slide on the gun and held it in the air. When the defendants heard sirens they fled. Both were arrested. Sarajlic has also been charged with assault and battery by means of a dangerous weapon and trespassing. Bail for Bolen-Kavanaugh was set at three thousand dollars. Bail for Sarajlic was set at two thousand dollars. The report disclosed that Steven Kavanaugh was charged with violating a restraining order against his ex-wife.

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Massachusetts Woman Charged In Case Of Domestic Violence

Fortunately for the defendants in this case the police never found the firearm. Possession of a gun in Massachusetts carries a mandatory minimum eighteen months sentence to the house of correction. The defendants now have to defend against the assault and battery by means of a dangerous weapon case and the trespassing case. The assault and battery by means of a dangerous weapon carries a potential two and one half year jail sentence if the case is prosecuted in district court or up to ten years in state prison if the district attorney indicts the case. This case will likely remain in district court. The absence of a weapon makes this case difficult to prosecute. Where there are multiple victims rarely is there a consistent description of the weapon, or for that matter the circumstance surrounding the incident. Jurors like physical evidence. It makes them feel more comfortable about their decision to convict. The absence of the weapon and the allegation that one of the victims violated a restraining order against one of the defendants weakens the prosecutor’s case.

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Pembroke, Massachusetts police responded to a call for a woman who claimed to have been beaten and strangled by her boyfriend, Dennis Roberts. According to reports the two were at home arguing when the defendant pushed the woman to the floor. He then tried to strangle her, threatened to kill her if she called the police and then took her cell phone. The girlfriend succeeded in calling the police who arrested Roberts. The woman was taken to a hospital in Brockton for treatment. Dennis was arraigned in the Hingham District Court. Bail was set in the amount of five thousand dollars.

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Pembroke Massachusetts Man Charged With Attempted Murder

Most likely this case will be prosecuted in the Hingham District Court rather than the Plymouth County Superior Court. While incidents of Domestic Violence are often prosecuted in the Superior Court the magnitude of the assault usually dictates where the district attorney’s office will handle the case. While this case is serious the facts pale in comparison to many instances of domestic violence. Take for example the case of Richard T. Lowry, a forty eight year old Peabody, Massachusetts man who was charged with multiple counts of domestic assault and battery, assault and battery by means of a dangerous weapon, assault with a knife, intimidation of a witness, kidnapping and attempted murder. Lowry was held without bail after it was alleged that he beat his wife while holding their infant child, kicked her with his military boots and put a knife to her throat.

The strength of Domestic Assault and Battery Cases often depends on the willingness of the victim to assist the district attorney with the prosecution. A large percentage of these cases are dismissed due to the victim’s refusal to testify against his or her spouse or significant other. If there are no independent witness to the crime then prosecuting can be very difficult if not impossible.

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