Massachusetts Criminal Lawyer Blog
Sara Mulkeen wrote a recent article in the MetroWest Daily News regarding an alleged armed robbery in the area. A 44 year old Framingham man was arrested on the night of Saturday, August 3rd, after he allegedly held a knife to a man’s throat and stole $200 from him. The alleged victim told police that he was walking at approximately 8:00 p.m. on Saturday evening when he noticed a man following closely behind him on a bicycle. He reportedly recognized the man as his daughter’s boyfriend. He alleges that the defendant then stopped, grabbed him by his shirt, and held a knife to his neck while demanding money. He reportedly told the alleged victim that he wanted all of his money or he would kill him. The alleged victim then gave him $200 from his pocket, at which point the defendant allegedly fled on a red bicycle. Police reportedly showed the alleged victim a photo array of possible suspects, and the alleged victim reportedly identified the defendant as his attacker.
The defendant was later arrested at his home and charged with armed robbery and assault and battery with a dangerous weapon. When police arrested the defendant, he reportedly told officers that the alleged victim made the whole story up because he does not want the defendant dating his daughter. The defendant was scheduled to be arraigned Monday, August 5th in Framingham District Court.
Either the defendant or the alleged victim is telling the police a false statement. Either way, the situation is less than ideal for the man who is being dishonest. The defendant is facing felony charges that could result in prison time. In order to prevail on the armed robbery charge against the defendant, prosecutors will have to prove that the defendant was armed with a dangerous weapon, which is any weapon that can cause serious injury. The prosecution must also prove that the defendant put the victim in fear or caused harm to them by force. Third, they must prove that the defendant took the alleged victim’s property with the intent to deprive him of it permanently. Finally, the prosecution must prove that the defendant actually took control of the alleged victim’s property. To prove with assault and battery with a dangerous weapon charge, the prosecution must prove that the defendant touched the alleged victim without having any right or excuse to do so, that the defendant intended to touch the alleged victim, and that the touching was done with a dangerous weapon.
Clearly, the defendant is facing serious legal trouble due to the accusations against him. However, if the alleged victim filed a false police report, he could face serious penalties. Ultimately, the evidence and the credibility of any statements to the police will likely determine what the police and prosecutors do in this case. Additionally, courts exist to sort out situations like this one where the truth is not readily apparent.
If you or a loved one has been accused of a crime, contact Massachusetts criminal defense attorney Dan Cappetta today for a free consultation. Having a skilled and experienced criminal defense attorney on your side is crucial when you are facing arrest or have already been charged with a crime.