Articles Posted in Assault and Battery

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This past weekend was a bad one for 20-year-old Vernon C. of New Bedford (hereinafter, the “Defendant”). He was arrested on Sunday and charged with multiple felony charges which have brought him incarceration and a lawyer.

According to the Commonwealth, the Defendant was at a party late Friday night when he demanded a chain necklace from one of his fellow party-goers.

He did so at gunpoint.

21-year-old Scott M. (hereinafter, the “Deceased”) tried to intervene. He was shot for the attempt. He was pronounced dead Saturday afternoon. In a Boston-area hospital.
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The criminal defense attorney for Shawne Merriman, the star linebacker for the San Diego Chargers, says that the domestic violence allegations against his client are unmerited. Merriman, 25, was arrested early yesterday on suspicion of restraining and choking Tila Tequila, the former MTV star of the popular reality dating series “A Shot at Love with Tila Tequila.”

Police reportedly were responding to a call by a woman who said she’d been choked and restrained. The woman, who identified herself as Tila Nguyen (Tila Tequila), identified Merriman as the person who choked her when she tried to leave his home.

Nguyen, 27, signed a citizen’s arrest, and Merriman was brought in on suspicion of false imprisonment and battery. Even though police did not see any injuries on her, she asked to be taken to a hospital.

Merriman’s attorney, however, says that Merriman was in fact trying to protect Tequila, who was very “intoxicated and inebriated,” from leaving. The NFL football player wanted to make arrangements so that she could get home safely. The lawyer says that Merriman never assaulted the reality star and did not restrain her against her will. Merriman’s attorney says that there were witnesses at the football player’s home who can corroborate his client’s account of the incident. Later Sunday, Merriman was released from jail.

Meantime, Nguyen posted on her Twitter page that she was not drunk and is actually allergic to alcohol despite her famous celebrity name.

Domestic Violence
Allegations of domestic violence disputes are taken very seriously in the state of Massachusetts. You don’t have to be a husband or the wife to be charged with a domestic violence crime. People in domestic partnerships, boyfriend-girlfriend relationships, former spouses, and family members can be arrested for domestic violence involving alleged physical assault, sexual assault, kidnapping, and other forms of violence.

Boston police must arrest anyone accused of Massachusetts domestic violence. Even if you are not guilty, becoming a suspect of domestic violence can taint your reputation and cause damage to your career or personal life.

Merriman Denies Allegations, Washington Post, September 7, 2009
Tila Tequila denies being drunk during Merriman incident, CNN, September 7, 2009
Related Web Resources:
Massachusetts Law About Domestic Violence

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The are many theft-related crimes for which one can get arrested in the Boston area. Among the most serious are those of Robbery and Burglary. Both are generally regarded as crimes of violence. Both carry heavy potential prison terms. For both, you had best get an experienced criminal defense attorney to help you at the first possible moment.

The crime of Robbery is basically the taking of someone’s property through use of force. The force can come from a gun, a knife or even a fist. It can be the words “I am going to beat you to a bloody pulp”.
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On Monday, we began the week discussing a case out of Quincy in which we had a dead woman discovered on Saturday and a man arrested in connection therewith the same day. We talked about it being a potential domestic violence matter and it became a general posting about homicide investigations and the need to get an attorney right away.

Well, the case has remained in the news and has only gotten more grisly.

Relatives and friends are still offering support to the “neighbor who would shovel your walk”, 52-year-old Joseph B. (hereinafter, the “Defendant”). He has now pleaded not guilty to the assault and eventual murder of 33-year-old Mary B. (hereinafter, the “Deceased”). According to the prosecution, the Defendant choked the Deceased into unconsciousness, had sex with her, then killed her.

We have also learned a bit more about the Defendant’s background. Apparently, according to his supporters, he has a history of mental illness.

He has been held without bail for the crimes which are now alleged to have occurred last Friday.
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August 29th was my birthday; never mind which one. So, when it came time to write today’s blog, I decided to see how my fellow Bostonians had celebrated the day and find out if anyone used the occasion to produce the need for an experienced criminal defense attorney.

I shortly wished I hadn’t.

I came upon a sad story from Quincy. It involved 52 year-old Wollaston man, Joseph B. (hereinafter, the “Defendant”) who spent my birthday being arrested for murder.

The Defendant was arrested on Saturday in connection with the death of 33 year-old Mary B. (hereinafter, the “Deceased”), whose body was found on Saturday afternoon in the home she shared with her child. According to a press release from District Attorney William Keating’s office, the two knew each other well, but the nature of their relationship was not explained further.

Law enforcement has also declined to reveal how they believe the Deceased was killed.
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Earlier in the week, I began a blog posting reminding you that, although you may think it could never happen, the criminal justice finger of accusation can suddenly arrive at your doorstep. This is true anywhere in the country. It is certainly true here in Boston where the dial of a cell phone can easily result in the need for a lawyer.

Today, I am referring to the type of matter which seems to most surprise my clients when they are suddenly face to face with law enforcement and the Commonwealth Bracelets of Shame. It involves the category of crime now known as “Domestic Violence“.

In days past, these crimes, like drunk driving, were not taken seriously enough. The police would hear of a wife-beating and the courts would basically treat the problem as a simple “family issue”. Few people were sent to jail; more people ended up dead. Usually the battered spouse. Our legal system has fixed that…and…as is common…gone over to the other extreme.

Where you aware that when the police come to your home after a report of domestic violence that, in their words, “someone is going to jail”? Now, true, there are a few exceptions, but the procedure these days is that one of the occupants in the reported disturbance is about to be the guest of the Commonwealth, even if only for a short time. Rest-assured, however, a criminal prosecution is coming. In fact, in most cases, a Clerk Magistrate’s Hearing to determine probable cause is not even available. The case goes right to arraignment and bail arguments…which means right to the defendant’s criminal record.
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R & B singer Chris Brown has been ordered to serve five years’ probation, in addition to six months of community labor and one-year of domestic violence abuse counseling, for assaulting performer Rihanna. If he violates the terms of his probation, Los Angeles Superior Court Judge Patricia Schnegg told the performer he could be sent to state prison.

Brown was arrested last February following an altercation with then-girlfriend Rihanna. Police were summoned after someone heard her screaming for help. Brown is accused of physically attacking her while they were riding in a sports car during a verbal dispute. He is accused of punching her, placing her in a headlock, and threatening to beat and kill her.

Rihanna did not press criminal charges against Brown, who was charged with felony battery and making criminal threats over their domestic violence dispute. He had initially pleaded not guilty to the charges and could have been ordered to serve five years in prison if convicted.

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The Boston Criminal Lawyer Blog has discussed many cases which involve elements to which law enforcement and the courts are particularly sensitive. Today’s posting involves one such class of victim, namely, children. In this case, it is the mother who faces criminal charges.

As the prosecutor told the court last Friday, police responded to a report of a 3-year-old being Kristen P. 27, (hereinafter, the “Defendant”) was charged with reckless endangerment to a child and assault and battery on a child and was held on $10,000 bail after arraignment in Lowell District Court. According to the police, they found her 3 year old son locked in a sweltering, filthy attic. The boy was naked, covered in urine and feces, and had several minor bumps on his forehead. Further, the police say that the temperature in the attic was over 100 degrees. The attic door was locked and the only window inside was nailed shut.

Officers say that another boy and a girl at the home told them that the Defendant took the 3-year-old by his arms ”and dragged him upstairs to the attic.” The children told officers such things happened ”a lot.” Apparently, ”Mommy does this when she gets angry.”
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While we were all watching the recent episodes of “The Professor And The Officer”, did you know that other arrests were taking place? It would appear that even more violent crimes than disorderly conduct were still being committed around the Boston area and defense attorneys were being assigned or retained to handle them.

Let’s take three teenagers in Stoughton who were arrested early Monday morning for armed robbery for example. They stand accused of allegedly robbing a pizza delivery person at knifepoint.

Two adult youths, Reynold E., 18, (hereinafter, “Defendant 1”) and Jeovanni A., 19, (hereinafter, “Defendant 2”) were charged with various counts of conspiracy, assault and battery with dangerous weapon, and armed robbery while masked. A 14-year old female (hereinafter, the “Juvenile”) was also charged with similar counts in the alleged conspiracy.

The purported victims were a female delivery person ( hereinafter, the “Employee”)from Papa John’s Pizza and her boyfriend (hereinafter, the “Boyfriend”). After the alleged robbery and assault, they returned to the shop and called 911 in the early hours of Monday morning.
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As a Boston-area criminal defense attorney who has worked on both sides of the aisle, I have been doing a lot of talking lately about Disorderly Conduct arrests in the Commonwealth. I have been interviewed by media outlets out of state, such as the L.A. Times as well as national outlets such as Time Magazine. In the meantime, the arrest of Professor Gates has been assigned by most to the pile of questionable racial incidents.

To me, however, to write it off as simply a “racial incident” misses the point which is faced by people every day in the criminal justice system. The primary difference between Professor Gates and most other cases is that he is a man of stature who can command national attention. Most people do not. As a result, when they become offensive to a police officer, there is no media pressure causing prosecutors to drop charges or a thick blue line of officers holding press conferences to demand apologizes from local and national public figures.

This is why this blog regularly warns you to avoid confrontations with the police and, if you are being approached, do not to try to engage in a battle of “one upmanship” with the officer, be it physical, strategic or verbal. The bottom line is that you will lose such a match, at least for the day. The officer carries the cuffs…you only get to wear them. The officer has the badge and the gun. Those items will outweigh your brilliant arguments and speedy escape attempts every time.

“But Sam”, you ask me, “What are we supposed to do? Just stand there and take it?”
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