Assault and Battery

January 17, 2008

New England Patriots Wide Receive Randy Moss Says He Did Not Commit Battery or Domestic Violence

New England Patriots Football Player Randy Moss says he did not commit battery against the 35-year-old woman who has filed a temporary restraining order against him.

Rachelle Washington is accusing Moss, who she says she had an intimate relationship with, of battery, causing her serious injury, and denying her medical attention during a domestic violence incident that allegedly took place at her Florida home on January 6.

Moss says that Washington just wants to him to give her money. He says that Washington was injured but the injury was accidental. He says that Washington wanted “six figures” from him in exchange for her not making the incident publicly known. Moss says he cannot reveal details of exactly what happened because a lawsuit by Washington may be pending. He says that he has never struck a woman.

The restraining order says Moss must stay 500 feet away from Washington, who he has known for more than 10 years. A hearing on January 28 will determine whether a permanent restraining order against Moss will be issued.

Moss and Elizabeth “Libby” Offutt were charged in a 1996 domestic violence dispute. Offutt is the mother of his children. In the criminal complaint filed by police, Moss is accused of throwing steaming hot water on Offutt and pushing her down repeatedly when she tried to get up from a sitting position.

Moss accused Offutt of hitting and kicking him. The misdemeanor domestic battery charges were dropped after both of them agreed to undergo counseling.

If you are under investigation for domestic violence, you should contact a Massachusetts domestic violence lawyer who can apprise you of your legal rights and represent you in the event that charges are filed.

Moss denies battery claim, Boston Globe, January 17, 2008
Moss: I did ‘nothing wrong’, Boston Herald, January 17, 2008

Related Web Resources:

Randy Moss, NFL Continue reading

December 28, 2007

Judge Tosses Out Felony Charges Against Massachusetts State Trooper In Bar Fight with Two Boston College Football Players

by Altman & Altman

A Boston Municipal Court judge has dropped the assault and battery with a dangerous weapon charges against Massachusetts State Trooper Joseph Boike for his involvement in a Hub bar brawl with a software engineer and two football players from Boston College in August.

Boike has been a Massachusetts trooper for 20 years. He must still contend with assault charges, but can now be reinstated to the police force now that the felony charge has been tossed out.

Boike is accused of hitting Sean Maney with a bottle during the fight. He was suspended without pay for nearly four months. He was also accused of assault and battery on Christy Osbourne, the girlfriend of Maney’s brother.

Maney also faces charges related to the brawl. The two BC football players, co-captain and offensive linesman Gosder Cherilus and cornerback DeJuan Tribble, were also charged with assaulting Maney. Maney’s neck was broken in the fight. He also sustained other injuries.

Boike is part owner of the Greatest Bar, which is the location where the fight took place.

Felony V. Misdemeaonor
A felony is a more serious charge than a misdemeanor charge. The penalty for a felony conviction is usually tougher. A person may be charged with committing both if the case is very serious. A person can be charged with more than one felony crime and more than one misdemeanor crime at a time. Crimes that can be charged as either a felony crime or a misdemeanor crime-depending on the specifics of the case-are called “wobblers.”

Conviction for a felony crime typically leads to more than one year in prison.

Under the Massachusetts General Laws, Chapter 274, Section 1:

Section 1. A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.

Boston College football players charged with assault, USA Today.com
Judge drops felony charges vs. trooper in Hub bar brawl, Boston Herald, December 27, 2007
Massachusetts General Laws – Felonies, Accessories and Attempts to Commit Crimes – Chapter 274, Section, 1, The General Laws of Massachusetts

Related Web Resource:
Chapter 265: Section 15A. Assault and battery with dangerous weapon; victim sixty or older; punishment; subsequent offenses, The General Laws of Massachusetts Continue reading

December 18, 2007

Massachusetts Homeless Man Charged In Framingham Stabbing Attack

by Altman & Altman

In Massachusetts, Eber A. Rivera, a 23-year-old Framingham homeless man was arrested on Saturday and charged in the stabbing attack of a Framingham resident on Beaver Street. Charges include assault and battery with a dangerous weapon; assault with the intent to commit a felony; assault and battery on a disabled or injured person; assault with the intent to murder or maim; and disturbing the peace.

The stabbing victim was found with multiple stab wounds. One stab just missed the victim’s heart. Police say that the injuries are very serious. The victim was taken to Beth Israel Deaconess Medical Center in Boston.

Police are trying to discover a motive for the attack. Rivera told authorities that the victim was disrespectful to him. Local police don’t think that Rivera and the victim had met prior to the incident.

Rivera was covered with blood when he fled the assault scene and encountered a police vehicle responding to a call about the attack. Rivera led police on a food chase before he was arrested.

In Massachusetts, the maximum penalties that come for being convicted of the crimes that Rivera is charged with include:

• Assault and battery: 2 ½ years maximum in a house of correction or a $1,000 maximum fine
• Assault with intent to murder or maim: 10 year-maximum prison sentence
• Assault and battery on a disabled or injured person: Up to three years in state prison
Just because you are arrested for assault and battery doesn’t mean you are guilty. There may be evidence that can be legally suppressed or motions that can be dismissed or charges that can be dropped. Your Massachusetts criminal defense lawyer may be able to work out a plea agreement with the prosecution.

Being convicted of a crime has serious consequences on your life and the lives of your loved ones. It is so important that you hire an experienced Massachusetts criminal defense attorney who will defend you and protect your rights.

Man stabbed near heart in Framingham, MetroWest Daily News, December 16, 2007
Massachusetts General Laws – Crimes Against the Person – Chapter 265, Section 15A, Onecle.com

Related Web Resource:

Massachusetts Sentencing Guidelines, The Massachusetts Court System Continue reading

July 5, 2007

New Bedford Police Charge Massachusetts Man with Biting Off the Lip and Mouth Of His Girlfriend’s 3-Year-Old Girl

by Altman & Altman

In New Bedford, Massachusetts, Brian James, 34, is being held without bail for allegedly biting off the ear and lip of a 3-year-old girl. The child is the daughter of his girlfriend, Jessica Silveria, 26, who is also being held without bail. Arrest warrants had been issued for the couple.

James is charged with assault and battery upon a child causing substantial bodily injuries. Under the General Laws of Massachusetts, Chapter 265, Crimes Against the Person. Section 13J “Assault and battery upon a child; penalties” offers the following definitions:

Bodily injury: “substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child’s health or welfare.”

Child: any person younger than 14 years of age
Substantial bodily injury: “bodily injury which creates a permanent disfigurement, protracted loss or impairment of a function of a body member, limb or organ, or substantial risk of death.”

Punishment for conviction of this crime is up to five years in state prison or no more than 2.5 years in the house of correction.

James has pleaded not guilty to the charges. Silveria is charged with intimidation of a witness and permitting substantial injuries to a child under 14 years of age.

According to police, the face of Silveria’s little girl was so mutilated that doctors will not be able to completely repair the damage. Part of her upper lip is now gone, and her ear cannot be made whole again. She also had bite wounds on her face and on other areas of her body.

James and Silveria are scheduled to appear in court next week for a dangerousness hearing. A dangerousness hearing can be called by the Assistant District Attorney. This allows the Assistant D.A. to hold the defendant in pre-trial detention with no bail. In order to prove dangerousness, there has to be “clear and convincing” evidence that letting the defendant go could be dangerous for the victim or other members of the community.

Officials at Children’s Hospital in Boston think that the bite attacks started in January and went on until at least April. However, Lori James, James’ aunt, claims that her nephew did not bite the girl’s lip and that the 3-year-old had told her that her tooth went through her lip when she fell in the tub. Lori James says that James has never abused any children.

Mass. Man Charged With Savagely Biting Little Girl, Keyetv.com, July 5, 2007
Police Arrest Man Accused Of Biting 3-Year-Old, Yahoo.com, July 4, 2007
Domestic Violence Brochure, Mass.gov
Crimes, Punishments, and Proceedings in Criminal Cases, The General Laws of Massachusetts Continue reading

July 2, 2007

Stabbing Suspect in Boston Barroom Fight Pleads Not Guilty

by Altman & Altman

This week, a Suffolk Superior Court judge will decide whether to set bail for Bernard Piscopo, 38, the man charged in the June 17 stabbing death of Adam Rich, 26, at The 6 House bar in Boston. Piscopo’s attorney is pushing for bail because the defendant has multiple sclerosis.

Rich died after someone stabbed him eight times all over his body, including his legs, stomach, chest, back, and hand. He was treated at Boston Medical Center. His friend, Thomas Browne, was treated at Massachusetts General Hospital. Browne received 40 stitches for his knife wounds. No one has been charged in Browne’s stabbing.

According to Piscopo’s defense attorney, his client is afflicted with multiple sclerosis and could not have possibly committed the crime. His lawyer says that the bar’s cameras and forensic evidence show that Piscopo was not involved in the fight.

Witnesses from that night say that there were two altercations between bar patrons before Piscopo, a Dorchester resident, allegedly pulled a knife from his pants. He is accused of stabbing Rich and another man.

Piscopo claims that the defendant does not drink because of the shots he is required to take to manage his multiple sclerosis. He has no criminal history and served in the U.S. army for nearly 10 years. Piscopo has a fiancé and two children.

The 6 House is under investigation because of its patrons’ behavior and also for complaints that it does not offer employees workers’ compensation.

The “Not Guilty” Plea
Under the Massachusetts Rules of Criminal Procedure, when a defendant is charged with a crime, he or she can only plead guilty, not guilty, or nolo contendere. The option to plead innocent does not exist. A jury in Massachusetts is only allowed to render a verdict of not guilty or guilty. A person who committed a crime may be found not guilty for many reasons, including inadmissible evidence and by reason of insanity.

Bail Decision Due Monday in Barroom Slay, Boston Herald.com, June 29, 2007
S. Boston Stabbing Suspect Pleads Not Guilty, Boston Globe, June 21, 2007
Not Guilty Does Not Mean Innocent, Massachusetts Bar Association

Related Web Resources:

Multiple Sclerosis Health Center
Continue reading