Assault and Battery

September 8, 2008

Lowell, Massachusetts Man Pleads Guilty to Assaulting His Baby

In Massachusetts, a Lowell father that pleaded guilty to assaulting his own son will serve 18-months in a house of correction and 5 years probation. Ty Chan entered his plea in Lowell Superior Court for assault and battery on a child causing serious bodily injury.

The incident occurred on the morning of November, 17, 2007. Lowell police were summoned to an apartment in Middlesex Street following a report of domestic assault. Chan’s 22-month-old son was there and bleeding. According to witnesses, Chan bit his son’s lip.

The 26-year-old Lowell resident says he took cocaine and ecstasy that day. He was arraigned two days after the incident.

Domestic Violence in Massachusetts
Physical violence inflicted on one family member by another is considered domestic violence. Massachusetts law makes it mandatory for law enforcement officers to arrest anyone accused of domestic violence-regardless of whether or not they are guilty of the crime. Many cases of domestic violence are not always what they seem, which is why it is important for the accused to get legal help as soon as possible.

Massachusetts Domestic Violence Statistics:

• There were 42 domestic violence-related murders in 2007.
• 13 suicides.
• There have been about 29 domestic violence-related deaths in Massachusetts (so far) in 2008.

Dad sent to jail in assault on baby, Boston.com, August 29, 2008
Dad Pleads Guilty To Biting Toddler Son’s Lip, WCBV.com

Related Web Resource:

General Laws of Massachusetts
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September 4, 2008

North Of Boston, An Alleged Teenage Crimewave Faces Actual Jail

by Altman & Altman

Yesterday’s Salem Daily News told the tale of Angelo Diiorio, age 18. The young man, had been ordered by the court to confine himself to his home while awaiting trial on charges of vehicular homicide and child rape. In fact, he was even ordered to wear an ankle bracelet. According to the police, however, this condition of release was a bit too difficult for Mr. Diiorio to follow as he was found behind a Danvers business attending a meeting (scheduled fight) with another youth this past Saturday night. The court remedied the youth’s impulsivity by making him a guest of the Commonwealth for 60 days.

According to law enforcement, the two teens were arrested at approximately 10 p.m. as they were in mid-conference (“swinging at each other”) regarding a desired acquisition (a girl). The meeting was forcibly adjourned with the resulting charges of disorderly conduct, trespassing, and possession of marijuana. For poor lovesick Diiorio, however, these charges were the least of his problems as the arrest resulted in the court’s revoking Diiorio’s bail in his pending Salem rape case. Diiorio had been indicted last year on a charge of rape, which involved the alleged sexual assault on an 11-year-old girl during a Christmas Eve gathering in Danvers in 2006. Two weeks later, on January 5, 2007, Diiorio was allegedly at the wheel of a 2000 Mitsubishi Eclipse when he lost control on Route 1 in Revere and crashed, killing a 17-year-old girl in Peabody, for which he faces charges of vehicular homicide and negligent driving to endanger. Investigators say the crash was caused when Diiorio and another driver decided to race each other on the highway.

The respective prosecutors in these cases opined to the court that his latest arrest indicates Diiorio doesn’t take court orders seriously.

September 4, 2008

Framingham, Massachusetts Man Arrested for Anti-Gay Attack Pleads Not Guilty to Assault and Battery with a Dangerous Weapon

by Altman & Altman

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

September 3, 2008

Massachusetts State Police Recover Drug Stash After Car Chase And Violent Arrest

by Altman & Altman

Last Thursday night, two gentlemen in Taunton learned that sometimes it is better to quietly accept a motor vehicle citation than to protest, flee and fight, thereby adding a few felony charges to the experience.

Enterprise News reports that just before 5 p.m. two state troopers spotted an early-model Infiniti G20 with a defective brake light and a sticker indicating that it had failed an inspection on Route 44. They activated their flashing lights and the driver, Brian Lacombe, 20, pulled into the parking lot of KFC restaurant on Route 44 and stopped. However, as the officers left their cruisers to approach on foot, Lacombe apparently had a change of heart and allegedly sped away heading east on Route 44.

And so the chase began.

July 22, 2008

Batman Star Christian Bale Denies Assault Allegations

by Altman & Altman

Actor Christian Bale was released on bail on Tuesday, after he was arrested earlier in the day following allegations that he assaulted his sister and mother. Bale has issued a statement denying the allegations.

The 34-year-old movie star was detained at the London police station in England following his arrest. Bale’s mother and sister are accusing him of assaulting them at the Dorchester Hotel, the day before the latest Batman movie, “The Dark Knight,” had its European premier in London. Police reportedly waited to question him until after the movie opened.

In Massachusetts, a threat of violence is considered an assault. No one actually has to have been physically hurt for an assault charge to be filed-the same goes for an assault and battery charge, which includes the physical contact of another person without his or her permission.

If you have been arrested for assault and/or battery in Massachusetts, you are entitled to proper legal protection and representation against all charges. Some incidents are not always what they seem, and our Boston, Massachusetts assault lawyers can determine whether the charges against you can be dropped or reduced. Even if you have not been charge with a crime, but you are under investigation or have been arrested, it is never too soon to hire an experienced criminal defense team that is on your side.

Domestic Violence
The physical or emotional assault of family members, domestic partners, and ex-spouses is considered domestic violence, which is punishable by criminal law. The best way to combat any Massachusetts assault charges or other allegations related to domestic violence is to speak with an experienced domestic violence lawyer.

State law considers domestic violence a misdemeanor crime unless someone is seriously injured. If a domestic violence report is filed against you with police in Massachusetts, law enforcement officers are legally mandated to arrest anyone accused of this crime.

Christian Bale denies assault allegations, USA Today, July 22, 2008
Batman Star Christian Bale Arrested in London, National Post, July 22, 2008

Related Web Resources:
Domestic Violence and Sexual Assault, Mass.gov
Domestic Violence
Continue reading

June 24, 2008

Selectmen in Wrentham File Assault Charges Against Each Other Following Restroom Confrontation

by Altman & Altman

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

May 19, 2008

Massachusetts Man Faces Assault Charges After Firing Weapon To Protect His Business From Intruder

by Altman & Altman

In Massachusetts, a Hanover caterer who fired a gun at an intruder is being charged with assault with a deadly weapon and discharging a firearm within 500 feet of a dwelling. David Crest is scheduled to appear in court for his arraignment next week.

Crest had been sleeping in the office of his catering business when he heard a noise on April 21. He was watching out for a possible intruder because he had already been robbed of thousands of dollars worth of food, alcohol, and equipment.

When he found the intruder-John F. O’Connor, who was the head chef and inventory store clerk of Crest’s business-Crest says fired his Mossberg 500 12-gauge shotgun in warning to protect his property. He aimed two of the bullets at O’Connor’s tires as he tried to escape.

Police, however, says that Crest should not have fired the gun or tried to take the law into his own hands. Crest, on the other hand, says he has the right to defend his property.

Crest says he has an active firearms license. Police, however, decided to file criminal charges against him because he fired his weapon in a neighborhood, shot the bullets in the direction of a man who was not armed, and did not take into consideration the possibility that others might get hurt.

Crest’s Massachusetts criminal defense attorney says that his client has every right to protect himself and his property and that he used reasonable force. Crest was also not reportedly aware that O’Connor was unarmed. He was also uncertain as to whether there were other accomplices on the premise.

As for O’Connor, he was arrested after Crest alerted police. He has been charged with larceny and breaking and entering.

Was it self-defense or firearms offense?, Boston Globe, May 15, 2008
Hanover caterer armed with a 12-gauge shotgun stops burglar, Patriot Ledger, April 24, 2008

Related Web Resources:

The General Laws of Massachusetts

Assault, Justia Continue reading

April 29, 2008

Massachusetts Man Found Not Guilty of Nearly Biting Friend’s Ear Off

by Altman & Altman

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

March 20, 2008

Middleborough, Massachusetts Police File Indecent Assault, Battery, and Mayhem Charges Against Man in Child Abuse Burn Injury Case

by Altman & Altman

In Massachusetts, David J. Privette, the man accused of using cigarettes to burn the genitals of a 7-year-old boy, has now been charged by Middleborough police with two counts of indecent assault and battery and mayhem. The child, who is the son of Privette’s girlfriend, may be permanently injured from the repeated burns.
Privette, 22, also allegedly beat the boy with a belt and urinated on his head.

Privette has denied the allegations. The charges that had initially been filed against him were two counts of assault and battery with a deadly weapon and assault and battery on a child.

DSS officials had been aware of neglect occurring to the boy as early as 2002 and had been to the boy’s home four times since the boy’s school filed a physical abuse report on December 19.

They did not inform police until this week-after a nurse at the boy’s school found burn marks on his pelvis, genitals, and buttocks.

Privette began dating the boy’s mother, Michelle Henry, several months ago.

A nurse at the boy’s school had called the DSS in December and case workers spoke to the boy’s family. The school called the DSS on March after the boy told a teacher that he didn’t want to go home because Privette had burned his private parts with a cigarette.

The DSS finally contacted the Plymouth district attorney’s office after the nurse at the boy’s school filed a third report that the boy was being abused.

Privette says he was not at the boy’s home when the abuse took place.

Police file new charges in Middleborough child abuse case, Boston.com, March 20, 2008
New charges against man accused of burning boy with cigarettes, BostonHerald.com, March 20, 2008

Related Web Resource:

Massachusetts General Laws
Continue reading

February 25, 2008

Boston Nightclub Shooting Suspect at “Girls Gone Wild Party” Pleads Not Guilty

by Altman & Altman

In Boston, Massachusetts, Damon Jamaal-Anthony Haley (The Boston Globe is reporting that his last name is Haley. The Boston Herald says his last name is Powell) has pled not guilty to assault and battery on a police officer and other charges related to a gang fight at Aria, a local hip-hop nightclub.

Boston police arrived at the club, hosting a “Girls Gone Wild Party,” before the shooting occurred because of a tip they received of a possible gang brawl that might happen.

A verbal argument after 1;30 am was followed by a brawl involving some 35 people, champagne bottles being smashed over people’s heads, and the sound of gun shots. Two people sustained gunshot wounds.

Police say they arrested Haley, a 24, because he had a 9mm Lugar in his hand. There was still one round in the chamber and five in the magazine. Haley reported told police that “They threw a drink so I had to come out with it.” One of the police officer that helped apprehend Haley sustained a broken arm.

Haley has no prior criminal convictions and his defense team says there was so much commotion during the shooting that positively identifying the gunman would have been impossible.

Haley is being held on $1 million cash bail-double the amount that prosecutors had recommended.

A conviction for assault and battery of a police officer in Massachusetts can be punishable by up to 2.5 years in prison. Any weapons-related charges are also considered serious criminal offenses in this state.

Boston nightclub melee ends in shooting, Boston.com, February 24, 2008
$1M bail for alleged shooter at ‘Girls Gone Wild’ Party, Boston Herald, February 25, 2008

Related Web Resources:

Aria Nightclub

Massachusetts Police Brutality
Continue reading