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Seventeen year old Bridgewater, Massachusetts resident Trevor McGarry was at his home the other day when another teenager with whom he had been in conflict went to his house to “fight with him”. According to reports the victim went to McGarry’s house after an earlier altercation with the specific purpose of fighting McGarry. In the course of the fight McGarry ended up stabbing the other individual in the back with a folding knife. The victim removed the knife from his back himself and returned to his home. His parents called the police later that evening. McGarry was arrested and charged with assault and battery by means of a dangerous weapon.

Massachusetts Teenager Charged With Assault And Battery Dangerous Weapon

Assault and battery by means of a dangerous weapon in Massachusetts is a crime pursuant to Massachusetts General Laws Chapter 265 Section 15A. This crime can be prosecuted in either the district court or the superior court. Given the circumstances of this case I would imagine that the district attorney will prosecute this case in the district court. If that is the case then the maximum sentence that can be imposed is two and one half years in the house of correction.

I would not be surprised if this case is defended on self-defense grounds. In Massachusetts once evidence of self defense is introduced the prosecutor must prove beyond a reasonable doubt that the defendant did not act in self-defense. You can defend yourself with a dangerous weapon if you have a reasonable ground to believe, that you are in imminent danger of death or serious bodily injury from which you can save yourself only by using deadly force. Where as in this case someone goes to your house with the intent to fight you this defense might be viable. Everyone should feel secure in his home.

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Shortly after 2:00 p.m. yesterday a woman walking down a Boston, Massachusetts street was confronted by a man and a woman who asked for a cigarette. The two, later identified as Marie O’Neill and Thomas Slavin then began punching the woman repeatedly. The man then brandished a baseball bat and threatened to hit her with it. While doing so the couple took her pocketbook and fled. The victim chased the assailants and eventually caught up to O’Neill. Slavin took off in a black pick-up truck. A witness captured the license plates with a cell phone camera and police apprehended Slavin shortly thereafter. Inside the pick-up truck the police found the woman’s pocketbook, crack cocaine and marijuana. Both have been charged with armed robbery and possession of cocaine and marijuana.

Massachusetts Man And Woman Arrested, Charged With Robbery, Drug Possession

The most serious charge here is armed robbery. This is a felony in Massachusetts. It is punishable by up to life in prison. This crime is prosecuted in the Superior Court. The Massachusetts statute prohibiting armed robbery is Massachusetts General Laws Chapter 265 Section 17. Oftentimes armed robbery cases are reduced to larceny from the person and are prosecuted in the district court. The decision to reduce such charges rests exclusively with the district attorney and depends on the circumstances of the act and the defendant’s criminal record.

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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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Over the weekend Michael Farfard was stopped for speeding in Worcester County Massachusetts. Police then searched through his eighteen pack of Budweiser beer. In it they found over forty seven grams of cocaine. The charges: trafficking cocaine, OUI, 2nd offense, OUI drugs, using a motor vehicle during the commission of a felony and numerous motor vehicle crimes.

Massachusetts Man Arraigned On Cocaine Trafficking Charges

The drug trafficking charge is the most serious crime that Farfard must defend. The crime of trafficking over twenty eight grams of cocaine in Massachusetts carries a minimum mandatory five year state prison sentence. If there is a school zone violation involved then another two year mandatory sentence must be imposed. In the more rural Massachusetts counties you typically do see have as many school zone charges. In Suffolk County Massachusetts a large majority of drug cases have school zone violations as a component. This is primarily due to the population density in the county and the fact that there are hundreds of schools throughout the City of Boston and Suffolk County.

From this article it appears that the strength of the district attorney’s case will depend on the constitutionality of the search. The prosecution must show probable cause to stop Farfard’s vehicle. They must also show that the police had probable cause to search seize items in Farfard’s car. Even if they are able to show that the search and seizure was within constitutional limits they have to prove beyond a reasonable doubt that the cocaine was Farfard’s and that he intended to distribute the substance.

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Over the weekend and undercover female police officer placed an advertisement on Craigslist offering sex in exchange for cash at a Worcester, Massachusetts hotel. The operation resulted in fifty arrests total, most from Massachusetts. The target of the prostitution sting was people who advertise sex for fee on Craigslist and the people who respond to those ads. The operation was conducted over a three day period at a Worcester hotel. Three such operations have been conducted since the fall. The names of all defendants have been published. The information obtained from the investigation was shared with Boston police.

Massachusetts Residents Arrested When Trying To Get Sex From Craigslist

Engaging in sexual conduct for a fee in Massachusetts is a crime pursuant to Massachusetts General Laws Chapter 272 Section 53. The law states that anyone who agrees to engage in sex for a fee or offers to pay for sexual favors shall be punished for up to one year in jail or by a fine of up to five hundred dollars. The sex does not have to occur for a person to be convicted of this offense. Typically people accused of this crime for the first time get their cases continued without a finding. However, it is becoming increasingly more common for law enforcement to publish the names of the offenders. This is designed to deter people from committing this crime.

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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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Easton, Massachusetts police detectives had been watching Stephen King for some time. This past Wednesday night their investigation culminated in his arrest. According to reports law enforcement agencies had information that King had been involved in cocaine trafficking in Bristol County. This information was sufficient for them to obtain search warrants for King’s home at an Easton Mobile Home Park and for a storage locker that he was renting. An execution of those search warrants uncovered approximately thirty thousand dollars worth of cocaine and nine thousand dollars cash. King was later located at a supermarket parking lot in Sharon. He had in his possession individually packaged bundles of cocaine and over two thousand dollars cash. King was charged with trafficking cocaine, possession with the intent to distribute cocaine, conspiracy and a school zone violation.

Cocaine Trafficking Charges In Store For Easton Man

Man Faces Cocaine Trafficking Charges In Bristol County

A couple of things immediately come to mind when reading these articles. 1) What information did the police have that enabled them to obtain search warrants for King’s home and storage locker and 2) what was their probable cause to arrest him in the supermarket parking lot.

Quite often the strength of the district attorney’s case for drug crimes lies with the constitutionality of the search warrant. If a search warrant is defective the search becomes invalid and the items seized during the search or going to be suppressed. Many times this leaves the prosecutor without a case against the defendant. Defense attorneys challenge the issuance of search warrants through motions to suppress. Many drug cases are won by the defense through this procedural mechanism. It would be interesting to see exactly what the police put in their affidavits when the applied for the search warrants in this case. If the warrants should not have issued then the drugs will be excluded from this prosecution. Similarly, King’s arrest may be found unconstitutional and the drugs found on him might be suppressed as well.

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Boston, Massachusetts police officers were just doing their job. They saw occupants of two cars engaged in a verbal dispute. The officers went over to settle the parties down. As they did one of four people riding in a Honda pulled out a firearm and shot at the officers. One officer fired back hitting the car. Other officer went into the car to apprehend the suspect. That man, John Mentor, now stands charged with assault with intent to murder. The defendant’s lawyer claimed that the officers fired several shots, a claim that has been denied by the Boston Police Department. The case is currently in the West Roxbury District Court pending indictment. Bail has been set at $500,000.

Man Charged With After Trying To Shoot Boston Police Officer

There is virtually no chance that this case will remain in the district court even though both the district court and the superior court have jurisdiction over these charges. Prosecutors view gun cases, particularly those where the weapon is discharged as extremely serious. Shooting at police officers compounds matters for this defendant. I will bet that the district attorney’s office will recommend at least a ten year state prison sentence for this defendant. If a judge agrees that that length sentence is warranted the defendant will either have to take the offer or try the case. It appears that defense counsel in this case has suggested that self-defense might be raised. Ballistics evidence at the crime scene and an examination of the police officers’ firearms will partially determine the viability of that defense.

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A thirty three year Salem, Massachusetts man was beaten so badly outside of a Gloucester bar that he had to undergo ten hours of surgery. He suffered severe head trauma and has lost hearing in his right ear and he cannot see out of his right eye. The defendants are Jonathan and William Chadwick. Reports claim that this is a hate crime and that the victim is a gay man. Both defendants have been charged with aggravated assault and battery and assault and battery by means of a dangerous weapon. The case is now pending in the Gloucester District Court.

Two Men Charged In Gay Bashing Incident

Aggravated assault and battery is a crime under Massachusetts General Laws Chapter 265 Section 13A. As applicably to this case, the law states that anyone who commits an assault and battery causing serious bodily injury is guilty of a felony, punishable by up to five years on prison. The assault and battery by means of a dangerous weapon charge is punishable by up to ten years in prison.

The district attorney will have the discretion as to whether these cases are prosecuted in the district court or the superior court. Given the extent of the victim’s injuries and the reported motive of the defendants I am quite certain that these cases will be presented to a grand jury and indicted to the superior court. Unless the defendants go to trial and win their cases they will likely serve some state prison time.

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Clayton Dawson had an argument with another University of Massachusetts Lowell student. The argument escalated. According to witnesses, Dawson then tried to kill his fellow student by running him over with his car. He then tried to choke him. The victim ended up at a local hospital, was treated and released. Dawson has been charged with assault and battery by means of a dangerous weapon, aggravated assaulted and battery and attempted murder. The case is pending in the Lowell District Court.

See Article: College Student Charged With Attempted Murder After Trying To Run Another Student Over With His Car

Attempted murder is a crime pursuant to Massachusetts General Laws Chapter 265 Section 16. The law states that anyone who tries to murder someone else and is convicted can be sentenced for up to twenty years in state prison. The law requires the district attorney to prove that the defendant committed the act by poisoning, drowning or strangling, or by any means not constituting assault with the intent to murder. Here, it appears that the prosecution contends that when Dawson was choking his victim he intended to kill him by strangulation. This is extremely difficult to prove. My guess is that this case will be kept in the district court. If Dawson does not have a criminal record his lawyer might be able to get this case continued without a finding.

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