Massachusetts Criminal Defense Attorney Blog
Just a few days ago police officers in Lynn, Massachusetts went to a home on a report of a dispute involving Domestic Violence. They arrived to find the victim bleeding from his head. Officers arrested Wallace Jones, a twenty one year old from Franklin Street in Lynn. Jones’ mother told the police that her son and her boyfriend got into a fight after she and the victim were arguing. She further stated that the defendant was attempting to defend her. Jones’ mother denied seeing Jones use a weapon to cut the victim. She believed that the injuries might have been sustained when her boyfriend hit his head on a table during the dispute. The charges Jones faces are not mentioned in the article but there it appears that either Assault and Battery or Assault and Battery by Means of a Dangerous Weapon or both will be considered.
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As a Massachusetts Criminal Defense Lawyer I never promise results for clients. No one can predict the outcome of a criminal case. Rather, criminal lawyers gage the likelihood of success on experiences they have had with similar cases in the county where the particular charge lies. The facts of this case suggest that a dismissal or even an acquittal are on the horizon for Jones. There was no weapon associated with the victim’s injuries. The only witness to the crime has told the police that Jones was defending her. This is indicative of an affirmative defense known as the Defense of Others. It permits someone to come to the aid of someone else provided he or she acts within certain parameters. In essence, the law in Massachusetts permits someone to use force if he reasonably believes that someone else is in imminent danger of sustaining bodily injury, that he reasonably believed that force was necessary to defend the person being attacked and that he use no more force than is reasonably necessary to defend against the danger. Absent the use of a weapon it appears from the facts revealed in this article that Wallace Jones can avail himself of this defense.
Also, in this case it is unlikely that the victim, who was also a combatant will testify against the defendant. He has a privilege against self-incrimination and his testimony will open him up to a potential prosecution for Assault and Battery against Wallace Jones. Additionally, very few juries will convict someone who stands up to defend his mother against abuse from her boyfriend. I would be extremely surprised to see this case go to trial or to see anything short of a dismissal of these charges.
The Law Offices of Stephen Neyman, PC is committed to defending the accused no matter how serious the crime. Anyone who has to go to court to defend against criminal allegations needs a lawyer. We can help. Call us at 617-263-6800 or send us an email.