Articles Posted in Assault Crimes

According to an article in the MetroWest Daily News, a Framingham woman seeking to buy marijuana in a Walgreens parking lot allegedly stabbed a man there. The woman called police from the parking lot located on School Street and reported that she had gone to the location to buy marijuana. She further claimed that while she was attempting to buy the drugs, three men got out of a car and tried to stab her. She told the police that the men then drove away. Although it is not entirely clear how, the officers were able to track down the men. Two were stopped in a car, and the third was at MetroWest Medical Center, apparently being treated for a stab wound himself. The driver of the car was arrested for driving under the influence of drugs. All three of the men denied the woman’s version of events, claiming that she had actually tried to stab them. According to the article, the woman became uncooperative as the police began to express doubts about her story. She allegedly struggled as police tried to restrain her and at one point kicked an officer in the leg with her boots. Further, a knife was also found on her person. The woman was ultimately charged with: resisting arrest; assault and battery on a police officer; disorderly conduct; and two counts of assault and battery with a dangerous weapon (a knife and a shod foot).

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A Framingham woman was arraigned on November 18th on charges of assault and battery with a dangerous weapon. According to an article in the MetroWest Daily News, the woman stabbed her boyfriend in the hand. The article specifically alleges that the police were called to the woman’s apartment building and found her boyfriend outside. Her boyfriend’s hand was bleeding heavily and the police followed a trail of blood from him to the woman’s apartment. The police made contact with the woman, and observed blood on her when they arrived. The boyfriend told police that he was visiting the woman and that she became angry when she saw postings on his Facebook page from his ex-wife. The boyfriend reported that the woman went into the kitchen, retrieved a knife, and sliced his hand. The woman apparently denied any wrongdoing, telling police that her boyfriend came to the house with the injury and that she refused to let him in. At the arraignment, the woman’s attorney represented that she had sustained a large cut on her back. The woman’s attorney also argued that she was trying to protect herself, and that she had been acting in self-defense.

A person may lawfully use self-defense to defend herself from a physical attack. To establish a claim of self-defense, the woman would have to offer some evidence that she had a reasonable belief that her physical safety was in immediate danger – specifically she would have to show that she reasonably believed that she was being attacked, or was immediately about to be attacked. Once she offers this evidence, the Commonwealth must then prove one of the following beyond a reasonable doubt: that the woman (1) did not reasonably believe that she was being attacked or was immediately about to be attacked, and that her safety was in immediate danger; (2) did not do everything reasonable in the circumstances to avoid physical combat before resorting to force; or (3) used more force to defend herself than was reasonably necessary in the circumstances.

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 A homeless woman who sought medical treatment at MetroWest Medical Center on October 2nd, was arrested after reportedly assaulting a hospital security guard. According to an article in the MetroWest Daily News, the woman was brought to the hospital in a highly intoxicated state with an injured arm (the cause of the injury is unknown). Doctors determined that the arm was broken and placed it in a cast. After receiving treatment for the injury, the woman attempted to leave the hospital. Doctors apparently did not want her to go, perhaps believing that she needed further medical care. As a result, hospital employees attempted to stop the woman from leaving the facility. In response to the hospital’s attempts to detain her, the woman reportedly hit a medical center security guard in the face with her cast-covered arm. She was subsequently arrested for assault and battery with a dangerous weapon. Unfortunately, the woman has engaged in similar behavior in the past – in August of this year, she also attempted to leave the medical center against medical advice. Hospital security made similar attempts to stop her on that occasion, and she reportedly punched a security guard in the face.

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According to an article in the MetroWest Daily News, a 45 year old man from Marlborough was arrested on Sunday, July 28th after he allegedly pushed a police officer who was responding to an unruly crowd. Police were reportedly called to 130 Bolton Street at 10 p.m. on Sunday for a fight in the street. One officer was reportedly trying to control a crowd of approximately 15-20 people who appeared to be intoxicated and had begun to surround two police officers. The officer reportedly tried to move the crowd away from the officers and pushed some of them out of the way when the people continued to get closer to the officers. The officer was then allegedly pushed from behind by the defendant. While officers were arresting the defendant, the crowd reportedly continued to yell, as well as to push and grab officers. The situation was reportedly chaotic and out of control.

The defendant was charged with assault and battery on a police officer, resisting arrest and disorderly conduct. The court set the defendant’s bail at $500 during an arraignment Monday July 29th at Marlborough District Court.

When an assault and battery is listed as being against a police officer or public employee, the allegedvictim’s employment status is treated as an aggravating circumstance. In order to prove that the defendant committed an assault and battery on a police officer, prosecutors will have to prove that he did the following six things:
1. That he touched the alleged victim without having any right to do so.
2. That he intended to touch him.
3. That the touching was done without the officer’s consent.
4. That the alleged victim was a police officer or public employee.
5. That the defendant knew that the alleged victim was a police officer.
6. That the alleged victim was engaged in the performance of his duty at the time of the alleged incident.

From the description given in the article, it seems as though the situation was quite chaotic and confusing. It is hard to know how an officer could be certain about who was being unruly in the crowd and other factors. The defendant may have a viable defense against his charges. Prosecutors will have to prove that the defendant was the person in the chaotic crowd who pushed the officer, which may be difficult if the situation was truly as chaotic and confusing as has been reported.

If the defendant is convicted of assault and battery on a police officer, he could be facing penalties including jail time.

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According to an article in the MetroWest Daily News, a 21 year old man and a teenager from Marlborough were arrested on Wednesday, July 10th after a man told police he was attacked by a group of people at an apartment complex following a disagreement. The two defendants were arrested at the Royal Crest Apartment complex. The teenager is facing assault and battery with a dangerous weapon, and the 21 year old is facing a charge of disorderly conduct.

Officers were reportedly called to the complex for a report of a fight. The alleged victim told police he had been drinking with several friends in an apartment at the complex when he began looking for his car keys and then accused others of stealing them. Reportedly, the keys were in his pocket the whole time.

The argument allegedly escalated to pushing shoving and punching and spilled out of the apartment, police said. The alleged victim reportedly told police that he was pinned to the ground and was being beaten by several individuals. He reportedly told police he was then struck on the left side of his face with a Corona bottle. Police reportedly found a Corona bottle in the grass nearby, and the alleged victim’s face was reportedly swollen and cut up. The man then allegedly identified the teenager as the one who hit him with the Corona bottle.

To prove the disorderly conduct charge that the 21 year old is facing, prosecutors will need to prove that he created a dangerous situation for no legitimate reason. To prove the assault and battery with a dangerous weapon charge, prosecutors will need to prove that the teenager touched the alleged victim–meaning that he committed an unwanted touching–and that he did so with a dangerous weapon. What qualifies as a dangerous weapon in Massachusetts can be complicated, however a beer bottle when used to hit someone in the face, will almost certainly qualify as a dangerous weapon.

A possible defense for the teenager in this case may be self-defense. From the facts presented in the article, it sounds as though the alleged victim may have instigated the fight. However, a person has a duty to retreat before using force to defend themselves. This is notably different than so called “stand your ground” states like Florida that received extensive media coverage lately. A defendant in Massachusetts may not argue that he was scared and merely stood his ground and fought rather than retreated, unless the altercation occurred inside the defendant’s home which there may be an argument for in this case. The article doesn’t offer enough information here to determine if the defendants may have retreated before using force.

The details of the disorderly conduct charge were not presented in this article so it is unclear what evidence the police may have against him that led to that charge.

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According to an article in the MetroWest Daily News a 31 year old man was arrested on Saturday, February 2nd at approximately 2:15 p.m. on charges of assault with a dangerous weapon. The man’s arrest allegedly stems from an argument in his hotel room at the Sheraton Hotel in Framingham. The argument reportedly involved two men in addition to the defendant.  The three men work for a New Mexico company called Keystone. The men were reportedly staying at the Sheraton Hotel at 1657 Worcester Road to do installations at the hotel.

Around 1:00 a.m. on Saturday, February 2nd, one of the men allegedly stabbed the defendant in the chest, injuring him slightly. The defendant then allegedly attacked the man, who reportedly sustained multiple lacerations to his face. Police allegedly found a small knife in the hotel room with blood on it. The defendant reportedly told officers that he was defending himself when he cut the man. The third individual reportedly took the injured man to the hospital after the argument. The three men reportedly told police that “a long night of drinking” led to the dispute and resulting injuries and arrest.

Judge Robert Greco ordered the defendant held on $2,500 cash bail. The judge was likely motivated to set such a high bail amount due to the fact that the defendant is an out of state resident. The court wants to ensure that defendants are present for their next court date after arraignment. Therefore, defendants who do not have strong ties to the community are seen as more likely to flee and may receive higher bail amounts.

This case involves numerous complexities, including an ambiguity about the defendant’s home state. Conflicting information has arisen about whether he is from Pennsylvania or Mississippi. Additionally, the alleged victim and witness are both from New Mexico. Having the directly involved parties in this case all from states other than Massachusetts will likely lead to challenges for the prosecutors, defense attorneys, and many other parties involved in the case. Because the defendant’s bail is set at $2,500, he may remain in jail until his next court date. He has reportedly only worked for Keystone for a couple of weeks and only made about $200 thus far.

To prove the assault with a dangerous weapon charge, prosecutors will have to prove beyond a reasonable doubt that the defendant intentionally touched the alleged victim with a dangerous weapon. If convicted, he is facing up to ten years in prison or 2 ½ years in a house of correction.

Someone facing a charge as serious as assault with a dangerous weapon needs an experienced Massachusetts criminal defense attorney with the skills to advocate on his behalf. The defendant has a possible defense–self-defense–against the charge he is facing. Often, a fight results in one party being charged with a crime, even when that person was defending himself against an attack. The police who arrive on the scene may be missing crucial information that would allow them to assess who the instigating party was and who was merely defending himself.

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According to an article in the MetroWest Daily News, two men have been arrested following a stabbing in Framingham on Saturday, December 1, 2012. The men were charged with attempted murder and two counts of assault and battery with a dangerous weapon.

These charges stem from the men’s alleged stabbing of a man in the bicep and a woman in the chest, following an altercation. The female victim reportedly nearly died after being stabbed; she allegedly identified one of the defendants as the man who stabbed her and her boyfriend.

The defendants reportedly drove away from the scene in a minivan and were pulled over by Holliston Police around 4:00 a.m. Police report that one of the defendants had a cut on his face and that there was blood on the dashboard and on the other defendant’s shoes. Police reportedly searched the car and found a bloody knife in the glove compartment.

The defendants were reportedly not cooperative with police; they allegedly refused to answer police questions, swore at police, and laughed at the situation. They allegedly did tell police a few things about themselves, though. Police report that the defendants told officers to Google their names to find out how bad they were and that they had been to jail and were gang members who beat women.

The MetroWest Daily News article reports that the defendants are members of the Outfitters gang. Both men are also reportedly on probation after they were found guilty of armed robbery.

One of the defendants was denied bail after a judge decided he was too dangerous to be released to the public at a dangerousness hearing. The other defendant was given a $15,000 bail at a dangerousness hearing. Both are due back in Framingham District Court on January 4 for a pretrial conference.

The defendants are facing very serious charges and have a lot at stake in this case. Allegations of gang involvement and the report that they are already on probation make this situation particularly serious. To prove the attempted murder charge, prosecutors must prove that the defendants 1) harbored a specific intent to kill and (2) committed an overt act with malice. An overt act is one that a person would reasonably believe would result in a desired outcome, in this case murder.

A possible defense in this situation is to discredit the eyewitness identification of the defendants. The defense attorneys have reportedly been using this defense already. The attorneys have reportedly said that the only person who identified the men is the female victim, whom the attorneys claim was drunk and high on cocaine. The attorneys are claiming that her identification is not reliable because of the substances in her system. Another defense offered by their attorneys is that attempted murder can only be charged in connection with an attempt to drown, poison, suffocate, or strangle and cannot be charged in connection with a stabbing. One of the defendant’s lawyer has also reportedly said that there is no evidence to connect his client with the crime.

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