Articles Posted in Assault and Battery

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Yesterday, we discussed Darryl B., (hereinafter, again, the “Defendant”) and his legal difficulties resulting from a confrontation with local police in Allston, MA. Said difficulties resulted in the awarding of the Commonwealth bracelets of shame, involuntary Commonwealth housing and various criminal charges including Armed Robbery, Assault with a Dangerous Weapon and the like.

In brief, the Defendant is alleged to have robbed a polling place during Tuesday’s primary election with a gun. The police were notified and he fled. When the police caught up with him, the Defendant allegedly pointed the gun at them. Finally, deciding not to die, he put the gun down.

The Defendant has been charged with unlawful possession of a firearm, unlawful possession of ammunition, unlawful possession of a dangerous weapon, assault by means of a dangerous weapon, and being a Level III armed career criminal because of prior gun convictions for incidents in 2002 and 2004, Suffolk district attorney’s spokesman Jake Wark said.

Often, I find that clients are surprised when, after committing a few criminal acts , they are charged with more criminal charges than they had expected.

It would not be surprising to hear the Defendant protest, “Ok, I stole the money, but I did not hit or shoot anybody! What’s with all the charges?”
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Welcome back everybody! I hope you had a great Labor Day Weekend. A particular welcome back to the student’s returning to schools in the Boston area. As you kids may have heard, and I will discuss in more detail tomorrow, there are new laws and procedures in place to deal with the problem of bullying. Be careful…certain overzealous (to be generous) criminal justice politicians have indicted kids for that. In the meantime, let me give you an idea of what else is going on in the criminal justice atmosphere.

You may have heard that Boston has been in an uproar over the murder of a pizza delivery man last week. Well, it would appear that the suspects turn out to be, perhaps, around your age. Two Boston high school students and a 20-year-old have been charged with the murder in which the driver was viciously stabbed to death. According to authorities, they then fled in his car.

The apparent prize for the young alleged killers? The theft of around $100 and a box of pizza.

So, you might want to be careful in terms of part-time jobs you seek to help pay for school…especially you college kids.
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A Canadian teenager accused of sexually assaulting a boarding room classmate during a 2007 class trip to Boston has pleaded guilty to one count of Massachusetts assault and battery. Armin Ruzbie, 19, was one of four 11th grade students accused of entering the hotel room of the male victim, then 16, at the Midtown Hotel on November 16, 2007.

According to prosecutors, Ruzbie pulled down the boy’s pants and touched him inappropriately while someone else, who is now a codefendant, held him down. Ruzbie then called the boy’s room afterward claiming the incident was a joke. Another student had recorded the incident on video. While the codefendant faces the same Boston assault charges, the other two students were not charged.

Ruzbie has expressed remorse over his actions and says that he has tried hard to become a better person. After entering his guilty plea, he was sentenced to four years probation. He must also undergo evaluation for possible bullying and sex offender treatment. He is not allowed to go near the victim and his family, who are suing him in a civil lawsuit in Canada.

Although Ruzbie did not enter a plea for the charge of Boston indecent assault and battery, he was sentenced to pretrial probation for the crime. This means that if he gets in trouble again, prosecutors could decide to try him for this crime, which comes with a maximum five years in state prison for a conviction.

If your son or daughter has been charged with a Massachusetts crime, it is important that you work with a Boston criminal defense law firm that will know how to fight to obtain the best outcome possible for the case. Conviction for a crime can impact the rest of your son or daughter’s life. You must have a team that can advocate on his/her behalf.

Teen enters guilty plea in assault on student, Boston.com, August 5, 2010
Bully laments role in ‘sick’ sexual assault, Boston Herald, August 5, 2010

Related Web Resources:
Crimes Against the Person, The General Laws of Massachusetts
The Massachusetts Court System
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Homicide can occur during the most unlikely of events. As a Boston criminal defense attorney, not to mention a Brooklyn prosecutor, I have seen my fill of events in which people acted in ways that they admittedly should not have and were left with totally unexpected results.

Deadly results.

Here is a tragic example from this past weekend.

Hector G. of South Boston (hereinafter, the “Defendant”) was in Lansdowne Pub on Lansdowne Street near Fenway Park. At the same time, Mike D., 23 from New York (hereinafter, the “Deceased”) was up from the Big Apple and visiting with some old college friends.

According to investigating officers, the Defendant became angry with a member of the Deceased’s group because of a brief “run in”.

And so it was that the Defendant did something stupid. He threw a beer mug at the Deceased’s table.
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Hey, the weather this weekend is supposed to be really nice. Are you looking for a fun activity for a summer’s evening here in Boston? Well, might the Boston Criminal Lawyer Blog suggest an evening at the fights?

No, I am not referring to wrestling or boxing or even a movie like “The Boxer” or “Rocky XVI”. Given the popularity of reality television, it is more in that vein. Sort of like a cross between that and watching some domestic violence…without the domestic.

If you would like a sample, just tune in to YouTube, Boston.com, or any one of a variety of websites sporting a video of a recent performance in Boston’s own Chinatown.

In watching it, you will be joining with Boston’s Finest. Currently, Boston police are reviewing a video that is circulating on-line of a violent altercation in Chinatown. Interest aside, there is apparently no investigation being conducted into the melee.

The 2-minute, 33-second video shows a group of seven gentlemen who appear to be harassing drivers and assaulting cars as they pass on Tyler Street in Chinatown.

Well, everybody has to have a hobby…!
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Christina H., 23, of Acton (hereinafter, the “Defendant”), was arraigned yesterday, beside her attorney, in connection with the death of her 13-month-year-old son. She pleaded not guilty to charges that she beat him to death inside her Great Road home this past May..

She was held without bail.

Prosecutors say that the Defendant called 911 around 4:30 a.m. on May 12th, 2010, and reported that her son had fallen out of the crib and hit his head. The child was taken from the Defendant’s home and rushed to Emerson Hospital in Concord. It was there that the child was pronounced dead at 5:17 a.m.

The boy’s death has since been under investigation by Acton and State police, prosecutors say. Police learned that the night before he was killed, the boy was home with his mother and two-year-old sister.

“He appeared to be happy, healthy and playful. That night he had fed himself cheerios and drank a bottle before going to sleep at 8 p.m.,” law enforcement has indicated. However, an autopsy found the child suffered “multiple contusions, lacerations, internal bleeding and hemorrhages on the top of his head.”
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Unlike most nonfamous civilians, when a celebrity is charged with a crime, the case tends to make national headlines. In recent celebrity news, TV actor Charlie Sheen reached a plea agreement to resolve the domestic violence charges against him.

The 44-year-old actor was initially charged with second-degree assault and menacing and criminal mischief last December following an altercation with wife Brooke Mueller. Under the plea deal, Sheen is pleading guilty to a misdemeanor third-degree assault count and will serve his 30-day jail term in a Malibu jail. He must also attend rehabilitation. Time that the actor has already spent in rehab will be factored into his sentence.

Sheen must also complete 36 hours of domestic violence treatment and three months of unsupervised probation. The actor’s sentence will allow him to return to the set of his show “Two and a Half Men” in time for filming of the new season.

In another celebrity criminal case, actress Lindsey Lohan was released from jail after serving 13 days of a 90-day sentence. She was immediately sent to rehab. TMZ says she is being treated for an amphetamine addiction and for bipolar disorder.

Lohan had violated probation for a 2007 drunk driving charge because she did not show up for alcohol education classes. Her jail sentence was reduced because of an early-release program that combats overcrowding in the Los Angeles jail system and for good behavior. The 24-year-old movie star has admitted that she has an alcohol and drug problem.

Charlie Sheen to serve Aspen ‘jail’ term in Malibu rehab, CNN, August 4, 2010
Lindsay Lohan Released From Jail Into Rehab, ABC News, August 2, 2010
Charlie Sheen arrested on felony charges in Aspen, Colo., Los Angeles Times, December 25, 2009

Related Web Resources:
Celebrity Crimes, Yahoo News
Plea bargain, Cornell University Law School
Massachusetts Probation Service Fact Sheet, The Massachusetts Court System Continue reading

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The Boston Criminal Lawyer Blog has discussed the seemingly newly “in vogue” crime of striking police officers with motor vehicles. Usually, these collisions turn out to be accidental. Sometimes, under the law, they are seen as either deliberate acts or the results of drunk driving.

For some reason, this summer has seen it almost become an epidemic.

The latest such alleged driver hails from Franklin and is 25-year-old Ari C. (hereinafter, the “Defendant”). The incipient happened this past Tuesday in Franklin. Apparently, she had even been told by an on looking construction worker that she had struck the officer.

She is said to have apologized and driven off.

Of course, since Tuesday, more news about the Defendant has surfaced. According to the Boston Herald, she is an “accused hooker who violated her probation“.
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In what her Boston criminal defense lawyer is calling the “second-most painful thing to ever happen to her,” Lakeisha Gadson is on trial for the Massachusetts involuntary manslaughter of her 8-year-old son. Liquarry Jefferson was accidentally shot by his cousin, now 10, in 2007 with a handgun owned by the victim’s half-brother, Jayquan McConnico, then 15. If convicted, Gadson faces a maximum 20-years behind bars. She also is charged with Massachusetts assault and battery on a child with substantial injury, reckless endangerment of a child, misleading police, and firearms violations.

Prosecutors are holding Gadson accountable for her younger son’s death because they say that she allowed McConnico to keep a loaded gun in a dresser that was easily accessible to children. Gadson maintains that she never gave McConnico permission to own a gun and that she didn’t know it was in their home. The teenager was also charged in his younger brother’s death and with the reckless and wanton storage of an unregistered pistol in an area that a child could reach. He pleaded guilty to the charges and will stay at a youth detention center until he turns 21.

On Wednesday, Jefferson’s cousin testified about the accidental Roxbury shooting. He said that his cousin showed him the gun, which they both thought was not loaded. The boy accidentally pulled the trigger, shooting Jefferson in the stomach. Jefferson was pronounced dead at Boston Medical Center.

Gadson, 33, has five children. She originally told police that gang members had forced their way into the apartment but later recanted her story and admitted that her nephew accidental shot her son.

Boston, Massachusetts involuntary manslaughter is a serious crime that involves the accidental killing of another person because of criminal or reckless negligence. A person charged with this crime is someone that prosecutors do not believe intentionally intended to kill the victim.

10-year-old testifies he killed his cousin by accident, Boston.com, August 3, 2010
Mom on trial in Liquarry’s death, Boston Herald, August 2, 2010

Related Web Resources:
Manslaughter, Cornell Law School
Murder v. Manslaughter, Nolo Continue reading

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As a Boston-area criminal defense attorney, I often find myself, when meeting a prospective client, wanting to ask, “Why in the world didn’t you contact me earlier?” I usually don’t, of course. What is done is done and there are usually enough other urgent issues on the table to discuss.

Things like future liberty.

Let me save you the time of reading the remainder of this blog; the short answer to the title is “No”.

“Well, Sam”, you respond, “Can’t getting a lawyer involved in such a delicate time reflect badly on me or complicate matters?”

Maybe. If you have hired someone who does not have the experience to deal with the situation. But, then, that would be like not calling a doctor when you have a heart attack because there is the risk of medical malpractice out there.
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