Articles Posted in Assault and Battery

Marblehead Massachusetts is not normally thought of as the assault capital of the Commonwealth. Neither is Swampscott for that matter. However, one week ago today, there was an explosion of violence between kids from these towns…complete with dangerous weapons.

Now, we are not talking Boston here, so the weapons are not uzis or other types of firearms. They included primarily baseball bats, pipes and chains.

I am told by one high school juvenile that the fight had actually been scheduled to take place outside the Marblehead High School. However, authorities learned about it before it had a chance to commence and made the kids leave.

The ignited spark of anger was not extinguished by the change in venue, however. It simply moved to a regularly quiet residential street. And then…boom!

The cause of the fight? I am told that a young gentleman of one town made some passes at a young lady of the other town. Unfortunately, said lass had a boyfriend from her own town.

The press coverage of this has not been great. If not for the fact that I live in the area, I might not never have found out about the brawl.
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The Boston Police Department (hereinafter, the “Department”) has taken a large, and very laudable, step forward . They are realizing that if they want to be a trusted, and effective, member of the community, they have to communicate with said community.

As you know, there have been various complaints regarding the use of undue force in various cases. In fact, a You Tube video emerged last fall that showed several officers forcefully subduing a 16-year-old boy,

The video, recorded on a student’s cellphone, showed at least six officers at Roxbury Community College surrounding and then “taking down” the teenager who they said was resisting arrest. The Department claims that the juvenile, who had been wanted on a warrant, had swung at the officers, police have said.

Many were outraged and made claims of excessive force. The Department, however, said that the procedure was consistent with what officers’ training in cases where a suspect refuses to be handcuffed.

The Suffolk district attorney’s office has been investigating the incident. In the meantime, the Department is reaching out to officials, media and the public to demonstrate that police officers receive proper training which includes strict guidelines regarding the use of force.
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Attorney General Martha Coakley’s Office has ordered John Twohig to stay away from a female MBTA bus operator that he allegedly assaulted last July during what has been described as a “racially motivated verbal assault.” The action was brought against the Somerville man under the Massachusetts Civil Rights Act (MCRA), which is also known as the “hate crimes” statute.

Per the order, Twohig is not allowed to violate the civil rights of the victim or anyone else on the grounds of their race. He allegedly took part in a Massachusetts hate crime that involved the verbal and physically threatening assault of the bus operator at the Sullivan Square Busway. Twohig is accused of screamed profanities and racial epithets at the woman before launching toward her. He also is said to have insulted one of the bus passengers with a racial epithet. An MBTA inspector eventually removed him from the bus. Coakley’s office is seeking a permanent injunction against the defendant.

Massachusetts Civil Rights Act (MCRA)
The MCRA gives the Attorney General’s Office the authority to obtain injunctions against people that intimidate, threaten, or coerce victims on the grounds of sexual orientation, religion, race, disability, or another type of protected class or because they have taken part in a protected activity, such as the right to vote. A hate crime does not have to include an actual act of physical violence for a person to be charged with committing the offense. That said, a Massachusetts hate crime may also include acts of vandalism, the destruction of personal property, arson, assault and battery, or murder.

Possible penalties for a Massachusetts hate crime can include:
• Fines • A prison sentence
• Counseling • Anger management • Probation • Suspension of one’s driver’s license • Rehabilitation • Victim restitution • Community service
Since 2007, Coakley’s office has obtained 42 civil rights injunctions for Massachusetts hate crime victims.

Somerville Man Accused of Hate Crime Ordered to Stay Away From MBTA Worker Under Order Obtained by AG Coakley’s Office, Mass.gov, December 17, 2010
Man ordered to stay away from T driver in alleged racial incident, Boston.com, December 17, 2010

Related Web Resources:
Attorney General Martha Coakley, Mass.gov
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The Massachusetts criminal trial of Anna Tang, an ex-Wellesley College student accused of stabbing her ex-boyfriend seven times, is scheduled to resume tomorrow. The 5-month delay occurred after a psychiatrist, who is a prosecution expert, revised her findings about whether or not Tang was legally insane when she assaulted Wolfe Styke in his MIT dorm in 2007. Tang was charged with Massachusetts armed assault with intent to murder and home invasion.

The psychiatrist, Dr. Allison Fife, had initially been in agreement with other defense experts that Tang could not be held criminally responsible for her actions during the attack because not only was the defendant’s state such that she unable to grasp the scope of wrongfulness of her actions, but also she had been incapable of acting in a manner that adhered to the law. Tang, who has admitted to stabbing Styke, maintains that she had been suffering from bipolar disorder and depression and was legally insane at the time.

According to The Tech, MIT’s newspaper, Tang’s decision to waive her right to a jury trial and seek a bench trial came after Fife made known her initial findings. After Fife changed her mind during the trial, Tang’s Boston criminal defense lawyer requested the delay. Tang’s defense team has alleged that Fife changed her opinion on the trial’s “last day” after having “extensive contact” with Styke’s mom.

Tang’s bench trial is taking place before Judge Bruce Henry who will issue a verdict.

Massachusetts College Campus Crimes
As a college student, having a criminal record can irrevocably alter your future. This is why it is important that you seek experienced Boston criminal defense representation to help you combat the charges.

Examples of Common Massachusetts College Campus Crimes:

• Underage drinking • Drug charges • OUI • Sexual assault • Physical assault • Rape • Cyber crimes • Vandalism • Larceny • Stalking • Shoplifting

Trial to resume for woman charged in MIT stabbing, Boston.com, November 30, 2010
Tang trial starts: Styke testifies, The Tech, June 11, 2010

Related Web Resources:
Read the Criminal Complaint (PDF)

Massachusetts Institute of Technology
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Suffolk County prosecutors told the Boston Globe that two Everett women, 31-year-old Sharnell Donahue and 51-year-old Diane Tuck, have been charged with armed assault with intent to murder and armed assault with intent to rob in connection with a Winthrop stabbing.

Donahue and Tuck were arraigned today in East Boston District Court. The alleged stabbing occurred on Forrest Street around 7:40 p.m. on Thursday. The victim was a 44-year-old woman. She is in critical condition at Massachusetts General Hospital. Both Winthrop and state police are investigating the incident.

Assault with intent to rob or murder is punishable by up to 20 years in the state prison. If armed with a firearm, shotgun, rifle, machine gun or assault weapon, it is punishable by a 5-year mandatory minimum in state prison. Given the severity of these potential punishments, it is important to call an attorney if you are facing charges of assault with intent to rob or murder.

The Boston Globe: Two Everett women charged in Winthrop stabbing
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According to Column J. Flaherty’s Boston criminal defense attorney, his 62-year-old client was acting in self-defense when he stabbed another man with a folding knife. Flaherty, who pleaded not guilty to Massachusetts assault and battery with a dangerous weapon over the Dorchester stabbing, was released on $500 cash bail.

Suffolk prosecutors say that Flaherty and a North Reading man were involved in a fender bender on Monday afternoon. After the two of them of them pulled over to exchange information, a third driver, another Quincy man named Michael J. McDevitt, also pulled over his auto. McDevitt, who had gotten stuck in traffic because of the collision, reportedly got out of his car, went to Flaherty’s auto, opened the vehicle door, and started hitting him. Flaherty then pulled out his folding knife and stabbed McDevitt in the arm. The latter is also expected to face criminal charges.

Massachusetts Assault and Battery with a Dangerous Weapon
This is a serious crime and one that comes with either a 2 ½ year maximum sentence in a county house of corrections if the case is heard in district court or a maximum sentence of 10 years in prison if the case goes to superior court. However, depending on other factors, such as whether the victim was pregnant or had a restraining order against the defendant or a massive injury was involved, the sentence upon conviction could be lengthier.

To convict someone of this crime, the district attorney has to prove beyond a reasonable doubt that the defendant intentionally touched someone without just cause or right and that a dangerous weapon was used to make contact. A dangerous weapon can be any object or instrument that was used in a potentially dangerous manner or any weapon that is considered inherently dangerous regardless of whether or not it was used in a dangerous fashion.

Quincy man stabbed in road rage incident allegedly threw punch first, Patriot Ledger, November 9, 2010
Man was ‘scared to death’ during Dorchester road rage incident, his attorney says, Boston.com, November 9, 2010

Related Web Resources:
Massachusetts General Laws

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