Articles Posted in Domestic Violence

The Waltham Daily News Tribune reported that a man charged with torturing and holding his estranged wife hostage will be released after posting $1,500 bail.  According to the article, the defendant appeared in Waltham District Court today for a dangerousness hearing before Judge Gregory Flynn.  After the hearing Judge Flynn stated that there was not enough “clearly convincing” evidence presented by Assistant District Attorney to warrant holding the man.  Apparently the wife told police she went to the defendant’s home Sunday to ask for a divorce. The two argued and the defendant beat and kicked her.  The defendant also grabbed a semi-automatic handgun from beneath a pillow and struck his wife in the head and threatened to kill her.  The alleged abuse continued into the next day.  The wife fled the house when the defendant went to the bathroom and flagged down a car for help.  The driver then drove her to New Bedford.  Waltham police detectives obtained a warrant to search the defendant’s home and were unable to find the gun.  The victim never appeared in court and told the investigating police officers that she suffered from mental health issues.  The defendant has been charged with assault with a dangerous weapon, four counts of assault and battery, intimidation of a witness, kidnapping and threats to commit a crime. Read entire article, Friday, October 17, 2008. 

Dangerousness hearings in Massachusetts are also known as 58A hearings.  These hearings are governed by Massachusetts General Laws Chapter 276 Section 58A.  The relevant law reads “[t]he Commonwealth may move, based on dangerousness, for an order of pretrial detention or release on conditions for a felony offense that has as an element of the offense the use, attempted use, or threatened use of physical force against the person of another, or any other felony that by its nature involves a substantial risk that physical force against the person of another may result”.  The standard judges must use is “clear and convincing evidence”.  When the prosecution moves for detention on dangerousness grounds the judge must hold the person until the hearing is held.  The prosecution is permitted 3 days to prepare for the hearing.  These hearings are often used by prosecutors in Massachusetts in domestic violence cases such as this one. 

The defense lawyer representing the defendant in this case was Arthur Kelly.  Attorney Kelly is considered one of the best criminal defense lawyers in Massachusetts.  He has tried countless cases including some very high profile murder cases.  Getting the defendant in this case a reasonable bail exemplifies his expertise and success. 

The Lowell Sun reported that James Loughran will was sentenced to 3-4 years at the Massachusetts Correction Center (M.C.I.) at Cedar Junction for beating his girlfriend and fracturing her eye socket.  Read Article, Lowell Sun September 1, 2008.  According to the prosecution, on January 24, 2008 police responded to Loughran’s home after receiving a 911 call.  Loughran answered the door but pretended not to speak English.  Eventually the defendant allowed the police to enter the apartment.  They could hear his girlfriend calling for help from another room and when they located her lying on the apartment floor.  She was found bleeding from the mouth and nose.  One of her eyes was swollen shut.  Loughran was eventually charged with assault and battery causing serious injury and intimidation of a witness. 

Crimes like this in Massachusetts are more commonly known as domestic violence.  This occurs when a partner or family member tries to overpower another either physically or emotionally.  Domestic violence can refer to spousal relationships, intimate partners or people living together.  Massachusetts recognizes that both men and women can commit acts of domestic violence.  The violent act can by physical or emotional.  It can take the form of threats or intimidation.  In Massachusetts people committing domestic acts that involve violence or other criminal behavior are often charged with crimes like assault and battery or intimidation of a witness as was Loughran. 

Loughran was charged with aggravated assault and battery.  In Massachusetts this is a felony punishable by up to 5 years in state prison.  The elements that must be proven by the prosecution in this case were that Loughran committed an assault and battery that cause serious bodily injury.  Serious bodily injury has been defined as causing permanent disfigurement, loss of bodily function or limb or a substantial risk of death.  Intimidation of a witness in Massachusetts is punishable by as much as 10 years in state prison.   A prosecution under this statute requires the prosecution to prove beyond a reasonable doubt that you intimidated someone who was a witness in a criminal proceeding or investigation. 

A Lowell, Massachusetts woman went to speak to her boyfriend after learning that he had been cheating on her.  During the confrontation the woman rammed his car with her car and clawed at his chest.  The victim restrained the woman until police arrived.  When the officers took over the woman fought with them and kicked one of them in the face.  Pepper spray was used to subdue her.  She will be charged with malicious destruction to property over two hundred fifty dollars, assault and battery and assault and battery of a police officer.

In Massachusetts crimes such as this fall under the umbrella of domestic violence.  People typically think domestic violence cases involve men battering or abusing women.  However, as with this case the opposite holds equally true. 

Stephen Neyman is a Massachusetts Criminal Defense Attorney who has years of experience defending domestic violence cases.  Without proper representation there exists a possibility that you will be incarcerated if convicted of a crime involving domestic violence.  Do not wait.  Contact a criminal defense who understands how to defend against these charges.