Massachusetts Criminal Lawyer Blog
A Framingham man was arrested at approximately 3:30 pm on Tuesday and charged with two counts of assault and battery and one count of assault and battery with a dangerous weapon, according to an article in the Metro West Daily News. Police reportedly found him walking on Beaver Park Road shortly after they were called to a Second Street home for a report of an assault.
The 49 year-old man is accused of throwing his girlfriend against a washing machine, slapping her, and choking her 21 year-old daughter. The man’s girlfriend, 47, allegedly sustained a minor lower back injury from being thrown into the washing machine.
The man was allegedly arguing with his girlfriend about the amount of medication he has been taking when he became angry and violent. When the girlfriend’s daughter tried to intervene, the man reportedly began choking her before letting her go and leaving. Police stated that thegirlfriend had a bruise on her back and the daughter had marks on her neck.
The man pleaded not guilty at his arraignment on Wednesday at the Framingham District Court. He was released without bail and is due back in court on November 28 for a pretrial conference
The man is facing serious charges. Assault and battery are misdemeanor offenses that often do not lead to incarceration. However, assault and battery with a dangerous weapon is felony that may lead to jail time. The article does not specify whether the man has been charged with intentional assault and battery with a dangerous weapon or if he is charged with reckless assault and battery with a dangerous weapon. What the prosecution will need to prove depends on whether the charge is reckless or intentional.
If he is charged with intentional assault and battery with a dangerous weapon, prosecutors will have to prove that he touched the victim, intended to touch the alleged victim, and that the touching was done with a dangerous weapon. The dangerous weapon in this case is the washing machine. Massachusetts considers many different objects to be dangerous weapons. However, they do not have to prove that he intended to cause injury to the victim. If his charge is reckless assault and battery with a dangerous weapon, prosecutors will have to prove that he caused injury to the alleged victim–which was serious enough to interfere with the alleged victim’s health or comfort, that the bodily injury was done with a dangerous weapon, and that he acted in a reckless manner. Negligent conduct is not enough; the person charged must have acted in a way that the law considers reckless. In other words, the prosecutors have to prove that the person charged knew or should have known that their conduct was very likely to cause substantial harm. However, they do not need to prove that he intended to harm or strike the alleged victim. The main difference between the two charges is that intentional assault and battery with a dangerous weapon requires prosecutors to prove that the defendant intended to touch the alleged victim. In this case, the man is likely facing intentional assault and battery with a dangerous weapon.
Often, when a person is facing charges of assault and battery or assault and battery with a dangerous weapon, he or she will use self-defense as a legal defense against the charge. The man would likely face difficulties using this defense unless he can establish that he felt threatened by his girlfriend and/or her daughter.
The man needs a skilled attorney on his side. If you or a loved one is facing a charge of assault and battery or assault and battery with a dangerous weapon, contact Attorney Cappetta today. Attorney Cappetta can help you decide on the best course of action for your situation.