Massachusetts Criminal Defense Attorney Blog
Fidel Sena was arrested yesterday after being identified as the perpetrator of an assault and battery with a baseball bat on an unnamed fifty three year old Salem, Massachusetts man. Salem Police were called around 9:30 p.m. to a location where there was a fight with bats. They arrived to find the victim on the ground. A witness identified the car that Sena was driving and provided the police with its license plate number. Sena was stopped and arrested. The case will be prosecuted in the Salem District Court for now. The victim’s medical condition was not released however it was reported that he was not bleeding from the head at the scene. Felony charges of Assault and Battery By Means of a Dangerous Weapon have likely issued.
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There are a couple of issues that immediately come to mind when reading this article. One is: Who saw what? Police responded to a fight with bats. Does that mean that the victim had a bat as well? Does that mean that he too was a combatant? If so, self-defense can be considered as a defense to these charges. If there were no witnesses to the actual incident and if in fact the “victim” and Sena were engaged in a fight, Sena can file an application for a complaint against the victim. Additionally, if the victim were the initial aggressor he might not be inclined to testify against the defendant. I would also imagine that the status of the victim’s medical condition will determine at least in part how the prosecution develops.
Attorney Stephen Neyman has been defendant people accused of Violent Crimes in Massachusetts for years. Please call us if you have been charged with an offense like this one or any other crime in Massachusetts. We can be reached at 617-263-6800 or you can contact us online.