Massachusetts Criminal Defense Attorney Blog
Moises Matos of Lawrence, Massachusetts is being held without bail in the Essex County Jail following his arraignment in Newburyport District Court for several Massachusetts Violent Crimes. Authorities allege that this past Sunday Matos and the victim were passengers in a car being driven by Matos forty five year old brother Henry. At some point the defendant, who was seated in the front seat, started to pull the woman’s hair. The woman was seated in the rear of the vehicle. Matos then punched the woman. He got into the back of the car and while it was moving threw her out onto the highway. The woman was treated at the scene and then taken to a Boston hospital by helicopter. She sustained two broken arms, a head injury and damage to her legs. At the hospital the victim provided detailed information to the police enabling them to arrest Matos who they located in Lawrence. Matos’ brother had been charged with OUI and Unlicensed Operation of a Motor Vehicle. Moises Matos is facing charges of Assault and Battery by Means of a Dangerous Weapon, Aggravated Assault and Battery and Assault With the Intent to Murder. The case is pending in the Newburyport but will be prosecuted in the Essex County Superior Court.
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Newburyport, Massachusetts Violent Crimes Defense Law Firm
Aggravated Assault and Battery Defense Attorney in Massachusetts, Lawrence, Newburyport, Essex County
One of the charges that baffles me in the context of this case is the Assault and Battery by Means of a Dangerous Weapon. The article states that the dangerous weapon used in the commission of the crime is the pavement. The crime of Assault and Battery by Means of a Dangerous Weapon is a felony. The applicable law is Massachusetts General Laws Chapter 265 Section 15A. There is a ten year maximum sentence associated with a conviction for this offense if the case is charged in the superior court.
Dangerous weapons in Massachusetts are classified into two categories. A “dangerous weapon per se” is something designed to inflict great bodily harm or death. Guns and knives fall into this category. They are designed for assault purposes. Other instrumentalities like razors, tools, pocket-knives are not per se dangerous weapons. However, these items can be viewed as dangerous weapons if used in a dangerous manner. Other examples of non per se dangerous weapons are broomsticks, phone cords, riding crops, walking sticks and cars. I have never heard of pavement in this context being considered a dangerous weapon. We recently succeeded in getting a charge of Assault and Battery by Means of a Dangerous Weapon dismissed where the victim after being struck by the defendant fell into a refrigerator. The refrigerator was deemed the dangerous weapon by the district attorney. The judge threw this out after we convinced him that something that someone falls into during the course of an Assault and Battery cannot be considered a dangerous weapon if not used in that manner. Similarly, I believe that this charge should fail as to Mr. Matos.
The Law Offices of Stephen Neyman, PC has been defending Violent Crimes in Essex County, Massachusetts since the late 1980s. We can help you no matter how serious the crime. If you have to go to court you need a lawyer. Call us at 617-263-6800 or send us an email to discuss your case.