Assault and Battery

July 1, 2016

FIVE REALITIES WHICH YOU NEED TO UNDERSTAND WHEN DEALING WITH THE MASSACHUSETTS CRIMINAL JUSTICE SYSTEM (FINALE)

Ok, so where do the last few blogs, including yesterday’s, leave us?

The point is that what you have been raised to believe , and what our political leaders would like you to believe and wonderful theories upon which our system is based do not always translate into reality very well. Does this mean that everyone is “lying”?

No, not really. I think, to some extent ort other, we try to be in perfect sync with the theories upon which this great country was based. But we are human.

On the other hand, this is not a blog to written to debate philosophies. It is to reflect the reality of the criminal justice system to you, my readers. Therefore, as was the message in yesterday’s blog, I am trying to use the various stories over the past week to help me describe realities about which you should be aware..

You see, in my opinion, the difference between what the system calls the “good guy complainant” and the “bad guy defendant” is not very large. It often hinges on one precarious moment.

Attorney Sam’s Take On Five Realities Of Which You Should Be Aware

“We do not incarcerate people for being poor”

We discussed a new case on this subject earlier in the week in which the Supreme Judicial Court of Massachusetts made this point. The fact is, however, that there are some crimes which will continue to be part of most homeless people’s lives. For example, there is the crime of Trespass. And, standing against the rights of the homeless to be free are the rights of a property owner.

What the law, in balancing the two interests, is saying is that if a homeless person can prove to a jury or judge the necessity of being somewhere in which he or she is otherwise not allowed, it is a valid defense to the crime.

June 24, 2016

PENALTIES FOR AN ASSAULT AND BATTERY ON A POLICE OFFICER MAY BE ABOUT TO CHANGE (Part One)

by Samuel Goldberg

We have a couple of stories here which relate to each other in terms of a very serious lesson for the readers of this blog. They will take us into next week.

First, let’s look at proposed changes in the laws surrounding assault and battery…when the complainant is law enforcement.

Governor Charlie Baker is proposing new legislation. Should it pass, suspects who allegedly seriously injure a police officer would face up to 10 years in prison. They would also be disqualified from receiving a probation-only sentence. This is the apparent new political response to the murder of an Auburn police officer at the hands of a criminal with a history of attacking officers. That case, along with a variety of attacks on law enforcement, has sponsored the new concern for our police officer’s safety,

June 22, 2016

TEN THINGS TO REMEMBER WHEN EXPERIENCING ROAD RAGE

by Samuel Goldberg

Alexander Nguyen (hereinafter, the Defendant) has been arrested. Monday was his entry date to the criminal justice system.

The Defendant faces charges charges of assault and battery causing serious bodily injury, threats to kill, disorderly conduct, and disturbing the peace.

It was a “road rage” event.

According to Boston.com, the Sharon Police Department reports that the Defendant, 21, engaged in the actions at issue on June 12th. They say he got out of his black Acura MDX and “assaulted the victim while the victim’s children watched from the back seat.”

The Defendant is said to have left the scene and Sharon police posted a description of the suspect on its Facebook page on Friday. On Saturday, Nguyen showed up at the police station, where he was arrested, according to police.

June 8, 2016

“WHAT IS A CLERK MAGISTRATE HEARING? DO I NEED A LAWYER?”

by Samuel Goldberg

Some time has gone by since your altercation with Righteous Ricky. The fight was short, alcohol driven, and he looked the worse for wear afterwards. The last contact you had with Ricky was when the fight ended and he said he was going to “sue you for assault and battery”.

That was a couple of weeks ago.

Today, you came home to find a summons in the mail from your local district court. It is saying that there is a “Clerk Magistrate Hearing” scheduled against you because of the fight and your “assault and battery” on Ricky.

You raced over to your computer and googled the subject at “Mass.Gov.” and you read the following;

June 7, 2016

WHAT YOU MUST MAKE SURE YOUR TEEN KNOWS ABOUT MASSACHUSETTS CONSENT AND SEXUAL ASSAULT Part Two.

by Samuel Goldberg

I know that I had said that my very next blog was going to be Part Two of our discussion on sexual crimes. Apparently, an interloper posted a non-Attorney Sam’s Take blog in between. However, as promised, it is a new day and we now continue our discussion.

At 18 years of age, James Murphy, a freshman football player at Curry College learned some of the criminal justice pitfalls one can encounter when accused of the sexual assault of another student.

The allegations came this past October. Mr. Murphy was held on bail after he was arrested. He was arraigned on three counts of indecent assault and battery on a person 14 or older and one count each of accosting or annoying someone of the opposite sex and possession of amphetamines.

Naturally, Mr. Murphy is presumed innocent, even while held in custody, and the allegations are now part of his criminal record.

May 24, 2016

“THE POLICE SAY I MADE THREATS TO COMMIT A CRIME AGAINST SOMEONE. CAN I BE PROSECUTED FOR THAT?”

by Samuel Goldberg

We are going through a rather bumpy ride through this political season. Insults are being handed out like candy, including against the Commander-In-Chief. However, there are limits (at least, as to most presidential candidates) which folks are supposed to know they cannot breach.

Do you know what they are?

Alex Hernandez, 31 and hereinafter the “Defendant” may have missed that particular memo.

The Defendant, an inmate at Old Colony Correctional Center in Bridgewater, has been charged with threatening to kill President Barack Obama.

The charges were brought Monday with two counts of threatening to kill the President and inflict bodily harm upon him.

You may be wondering how in inmate in state prison got out to threaten the President.

Well, actually, he didn’t.

May 11, 2016

FOUR ISSUES YOU SHOULD CONSIDER WHEN DECIDING WHETHER TO HAVE A JURY OR A JUDGE DECIDE YOUR CRIMINAL TRAIL

by Samuel Goldberg

Baltimore Police Officer Edward Nero, hereinafter, the “Defendant”, has made a fairly unusual decision.

The Defendant is one of three officers who arrested 25-year-old Freddie Gray, a man of color, about a year ago. Mr. Gray apparently made eye contact with one of those officers and then allegedly began running in a high crime area. Upon arresting him…for something… the officers took Mr. Gray into custody and placed him in the back of a police van.

When the van arrived at the police station 45 minutes later, Mr. Gray was critically injured.

Mr. Gray died a week later, sparking protests and fueling the Black Lives Matter movement, becoming a rallying cry in the growing national conversation about the treatment of black men by police. On the day of his funeral, rioting and looting broke out and a city-wide curfew was imposed as the National Guard rolled in to help restore order.

April 21, 2016

QUINCY MAN IS REMEMBERED AFTER DEATH RESULTING FROM APPARENT ASSAULT AND BATTERY

by Samuel Goldberg

This is a case in which, it would appear, there has been no arrest…yet. The criminal investigation is continuing. I would suggest that the question is what the charges will be as opposed to whether there will be any charges.

It is a story that brings an important reminder home to roost.

Again.

The incident took place in Dorchester this past Sunday at approximately 1:15 a.m.

According to the Boston Herald , a fight began. It really does not matter why.

March 11, 2016

ATTORNEY SAMS TAKE ON BULLYING, ASSAULT AND BATTERY, OUR LEADERS…AND CHILDREN

by Samuel Goldberg

We take a break now from stories where those on the fringe of society commit atrocious crimes like assault and battery, rape and murder. Let’s leave the realm of the guilty and look at a scene of innocence. And what could be more innocent than children? In fact, in so many cases, I have had prosecutors and DCF workers tell me that a child’s accusations must be true because kids do not lie.

They just soak in the truths they see.

The scene is the local Junior High School. For the past month, there have been campaigns for the office of Student Representatives. By now, though, many candidates have dropped out. Now, it is down to the last two contenders…clearly the most gifted of the bunch.

It is time for the final debate. Donny Monk and Hilly Uptown stand before the school in their last opportunity to convince the student body to vote their way.
Continue reading

January 29, 2016

ATTORNEY SAM QUESTIONS WHETHER BROOKLINE SHOOTING/STABBING ARRESTS ARE A RUSH TO JUDGMENT

by Samuel Goldberg

Yesterday, we discussed the recent shooting/stabbing case which unfolded in Brookline this week.

“Yes, you were kind of mean to the nice Police Chief about his statements and the arrests.”

Do you think so?

“Yes and you left off suggesting that the way the police handled this matter put me in some kind of danger”.

So I did. I tend to find that when the authorities decide to make “urgent” and rushed arrests…before even thinking the whole matter through… the general population is put at risk.

“How so?”

In a number of ways. For example, one thing I often find when law enforcement rushes through to make arrests is that they increase the risks of getting it wrong. This is a reality to which, when mentioned, officers generally scoff. You will notice that they also seldom reconsider and admit that they might have been wrong.

Not solving a violent case correctly, as opposed to “expediently” puts us all in danger as the true culprits are often left unprosecuted. This should be apparent on its face. The flip side of this danger is something fewer people end up having to worry about.

This would be the folks who end up facing charges for things like home invasion, assault and attempted murder who shouldn’t be.