Articles Posted in Assault and Battery

In Boston Municipal Court, Fabio Brandao, the Framingham man charged with assault and battery with a dangerous weapon and four civil rights violations in the suspected hate crime attack on three gay men and their female friend, says he is not guilty of the charges. He was released on Tuesday after paying a $10,000 bond. Brandao was ordered to stay away from the victims, as well as Boston’s South End area. For now, he must also stay in his home between 10p to 7am every night.

According to the victims, a car pulled up next to them in Boston’s South End on August 24. The four men inside the vehicle started yelling homophobic slurs before getting out of the vehicle and attacking them.

Two of the male victims sustained concussions. One man had deep cuts over his eye and on his temple. Both men don’t remember being attacked. Jenna, the woman who was attacked, says she is traumatized by the incident. The other man did not sustain any physical injuries.

The license plate number on the vehicle led Boston police to Brandao, whose cell phone was also found at the crime scene. Brandao’s criminal defense lawyer says that even though evidence places his client at the scene, this does not mean that he was involved in the assault.

According to the Mass.gov Web site, hate crimes in Massachusetts should be charged under three statutes, including:

Civil Rights Criminal Statute, G.L. c.265, Sec. 37 Hate Crimes Penalties Act, G.L. c.265, Sec. 39;
Generic Crime Statute

Also called a bias crime, a hate crime is usually committed against a person, group, or property. A major reason for committing the crime is because of the parent’s race, sexual orientation, religion, disability, or ethnicity.

Suspect in South End anti-gay attack pleads not guilty, BostonHerald.com, September 2, 2008
Suspect in Boston anti-gay attack pleads not guilty, EdgeBoston.com, September 3, 2008

Related Web Resources:
Information on Charging Hate Crimes Under Massachusetts Law, Mass.gov
Hate Crime, FBI Continue reading

In Massachusetts, two Wrentham selectmen have filed criminal charges against one another for assault. John Zizza and Robert Cohen got into a bathroom argument at a June 3 board meeting. According to Zizza, Cohen suddenly approached him and started uttering swear words, telling Zizza not to touch him and telling him he would be sorry. Zizza says he feared for his safety. Cohen, however, says it was Zizza that acted in an intimidating and hostile fashion and purposely tried to provoke him.

The argument began after Zizza told Cohen that he had checked nominating papers-Cohen’s included-for forged signatures. Both men dispute the other’s account of the confrontation, although they aren’t accusing each other of inflicting physical harm.
The selectmen are scheduled to make an appearance in Wrentham District Court to find out if there is enough evidence to charge either one of them.

Massachusetts law considers verbal abuse to be a crime if someone uses words to threaten another person in a manner that causes the recipient of the threat to fear physical harm. An assault charge may even be filed if someone threatens another person with bodily harm and that person fears for his or her safety.

Under the General Laws of Massachusetts:

Chapter 275: Section 2. Complaint of threat to commit crime
Section 2. If complaint is made to any such court or justice that a person has threatened to commit a crime against the person or property of another, such court or justice shall examine the complainant and any witnesses who may be produced, on oath, reduce the complaint to writing and cause it to be subscribed by the complainant.

Wrentham selectmen file assault charges against each other, Boston.com, June 24, 2008

Related Web Resource:

Massachusetts General Laws

Wrentham selectmen’s feud hits public, Web, The Sun Chronicle, June 25, 2008 Continue reading

A Winthrop High School assistant football coach has been acquitted of charges that he bit someone’s ear in Massachusetts. Charges included two counts of aggravated assault and battery and mayhem. Had Richard Fucillo been convicted, he could have served up to 20 years in prison.

Fucillo, 46, was accused of biting the ear of George Sennott, who he believed was carrying on an affair with his estranged wife. Fucillo, his wife, and Sennott have known each other since grade school.

The altercation took place on March 2007.

Sennott accused Fucillo of flying into a jealous rage because he believed that Sennott was having an affair with his wife and biting his ear so viciously that it nearly tore off. He needed 150 stitches to repair the damage to is ear.

Police say they saw Fucillo jump out of a car while driving down Washington Street and attacking Sennott. Fucillo’s Massachusetts criminal defense attorney, however, says that Sennott had instigated the fight and started assaulting Fucillo first.

Fucillo claims that he was acting in self-defense. He says he did not bite Sennott’s ear. Forensic experts say the injuries caused to Sennott’s ear were not bite-related. Fucillo says that Sennott may have gotten his ear caught in his jacket zipper during the fight.

The Suffolk Superior Court jury issued its not guilty verdict on Wednesday.

Massachusetts assault charges can lead to serious penalties if you are convicted. A good Boston assault attorney can defend you against the charges or determine whether any charges can be dropped or your sentence reduced. If you have been convicted of a crime, you will need a Massachusetts criminal defense lawyer to file your appeal.

Jury acquits man in ear-biting case, Boston.com, April 29, 2008
Police: Football Coach Nearly Bit Man’s Ear Off, WJZ.com, March 19, 2007

Related Web Resource:

Massachusetts General Laws
Continue reading