Articles Posted in Domestic Violence

According to Jane Doe Inc., there have been 15 domestic violence deaths in Massachusetts this year. The latest victim, Rebecca C. Moulton, was allegedly beaten to death by her live-in boyfriend. Moulton was 27.

Her boyfriend, David W. Vincent from Pittsfield, was initially held for assault with intent to murder and aggravated assault and battery. On Friday, Vincent pleaded guilty to an “upgraded” charge of murder.

Jane Doe Inc. says that there were 25 domestic violence murder in 2008 and 42 domestic violence deaths in 2007.

Domestic Violence
Domestic violence may consist of violent interactions between family members or members of the same household or people that are or were romantically involved with one another. Domestic violence should not be tolerated.

While this is a serious crime that can cause great injury to its victims, not everyone that is accused of committing domestic violence is guilty of the offense. In some instances, a fight between a husband and wife can be wrongly construed as a domestic violence incident, with one party forced to take the brunt of the blame. False accusations have also been known to occur-sometimes brought about during the heat of the moment.

An experienced Boston criminal defense law firm understands that there are often complex dynamics at play during interactions between family members and lovers. Massachusetts, however, has a mandatory arrest police that mandates that law enforcement officers arrest anyone accused of domestic violence. Domestic charges may include allegations of assault, harassment, reckless endangerment, restraining order violations, assault with a deadly weapon, unlawful imprisonment, stalking, kidnapping, and murder.

You are entitled to the best defense possible against any Massachusetts domestic violence allegation or criminal charge. The outcome of your case could affect your marriage, your career, divorce or child custody proceedings, and the rest of your life.

Cops: State logs 15th domestic violence homicide of 2009, Boston Herald, June 6, 2009
Pittsfield Man Pleads Not Guilty To Murder, CBS 3 Springfield, June 5, 2009

Related Web Resources:
One Million False Allegations of Domestic Violence Each Year, Report Finds, MediaRadar.org, January 29, 2007
Domestic Violence, The National Father’s Resource Center Continue reading

Yesterday’s Boston Globe contained the story of a “standout” high school football star who now is not looking for a talent scout, but a criminal defense attorney. While he had been scheduled to bring his athletic prowess to college, his future is now in doubt due to allegations of demonstrating them at the wrong place and time.

The crimes alleged are of the Massachusetts assault and battery variety and have invoked further suspicion of ongoing domestic abuse.

It would appear that Mathew G., 18, of Dracut (hereinafter, the “Defendant”) and his girlfriend are parting ways. His 17-year-old ladyfriend has accused the Defendant of hitting her early Sunday morning in a rage of alcohol-fueled jealousy at a party in Lowell. Apparently, this assault included pouring beer over her head as she talked to another male. She also claims that the Defendant punched her in the face when she ran away from him, refusing to return.

The Defendant was arrested was arraigned on domestic assault and battery charges in Lowell District Court on Tuesday, during which time he pleaded “not guilty”. While both he and his court-appointed attorney have refused to make any public comment, his ex-girlfriend has indicated that this is not the first time the Defendant has struck her.

While the complainant declined a ride to the hospital, the officers say that they saw redness on her face, presumably from the Defendant’s blow.
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I remember years ago, before I was a lawyer, growing up in the Boston area and hearing commercials about what happens if you are arrested for possessing a gun. “If you are caught with a gun”, I recall it saying, “you will go to jail for one year…and nobody can get you out”. The tone of the announcement made it clear that the possession of guns was behind the ever-worsening crime problem.

And, then, came the other public service announcements which declared, “Guns don’t kill people, People kill people.”

And so it seemed to me that the obvious solution would be to simply send the guns to jail for a year with no hope them of getting out.

Then came my education at the hands of the Boston University School of Law, the Kings County District Attorney’s Office and, finally, my many years as a Massachusetts criminal defense attorney. Throughout these years, I have seen the gun issue from many different perspectives. All of these perspectives get a voice in the realities of the criminal justice system.

The result?

There is no one clear and simple answer as to how gun possession is handled by the courts. As with most things in the criminal justice system, it depends on the circumstances. There is no simple, issue-free gun possession case. This is why you need an experienced criminal defense attorney to guide you through the morass of potential scenarios when facing prosecution for possessing a firearm.

And that is why this week’s Attorney Sam’s Take discussion is about gun possession in Massachusetts.
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Today, the daily Boston Criminal Lawyer Blog goes to Framingham…figuratively…where recent troubles seem to have taken place on both sides of the seriousness spectrum.

Let’s start with Adilson D., 37 (hereinafter, “Defendant 1”). He was displeased about a recent interaction with local police. So, while the rest of Massachusetts was focxussing on the weekend heat wave, he spent his early Sunday morning hours apparently repeatedly called 911 to voice his displeasure.

They did not appreciate the criticism.

Law enforcement arrived at Defendant 1’s home to arrest him, at approximately 5:47a.m., which happened, believe it or not, after a “brief struggle”, according to, Deputy Police Chief Craig Davis .

Defendant 1’s 911 complaint calls began at 4:30 a.m.. He said he was upset about being pulled over and that he had been abused by the police.

The 911 dispatcher told him to call the main phone line to make such a complaint, Davis said.

So, naturally, he continued to call 911 eight more times by 5:30 a.m.
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Over the years, as a Boston criminal defense attorney, I have come across what has become an “age old question”. The question is what are the limits of disciplining one’s own children. In days gone by, the answer was apparently “whatever works”.

Fortunately, those days are over. However, as with other types of Massachusetts domestic violence matters, the pendulum seems to have swung all the way in the opposite direction. Understand that I am not a believer of corporeal punishment and I do not engage in it with my kids. However, I have seen cases where criminal charges were brought because of one slap as a response outrageous behavior.

Where does the case of Amaurys G., 28, (hereinafter, the “Defendant”) of Lawrence, fall on the chart? You decide.

On Friday night, the Defendant was arrested and charged with Massachusetts assault and battery on his children. The kids’ behavior involved arguing over a toy car.

The Defendant’s solution?

Beating the two kids, ages 9 and 10, repeatedly with a phone charger cord and throwing a bag of oranges at his daughter.
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Today’s daily Boston Criminal Lawyer Blog features two people who are well known to the criminal justice system. In fact, one of them was featured in a posting on April 7th and can be found here.

Harold P., 41, of Lynn, (hereinafter, the “Defendant”) is a former youth sports coach and Lynn Classical hall monitor. The former hall rule enforcement official is in trouble with the law.

Again.

The Defendant had faced charges back in 2002. He had been accused of a sexual assault matter concerning a Lynn Classical student at that time. In 2005, he was exonerated.
On April 4th, 2009, however, he found himself charged with domestic violence.

This Monday, the Defendant was arraigned at Lynn District Court. He posted $200 bail, but reportedly fled court before he was supposed to. Because of that, he now has an outstanding warrant out for his arrest.

“It’s all a big misunderstanding,” said Lynn native and Boston attorney Gary Zerola. “He has never failed in his obligations and he just misunderstood what he was supposed to do.”
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Boston waits, along with the rest of the world, for the next episode of the latest show biz soap opera. In case you have not heard…it involves Chris Brown and Rihanna, two well-known stars in the music world. The next episode is expected to air in April, when Mr. Brown is scheduled to be arraigned on charges of assault likely to cause great bodily injury and making criminal threats. The complainant? His girlfriend and fellow star, Rihanna,

The plot twist?

Rihanna seems to be on the side of her battling beau.

On a previous episode, the judge was ready to order Brown to stay away from Rihanna, as is customary in Domestic Violence cases. But the objection came from Rihanna, who asked the judge not to prohibit such contact while he faces these felony charges.

The judge granted her request, but ordered that Brown not abuse or intimidate her in the meantime. According to her attorney, that was “more than sufficient”.

Whatever that means…!
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Police in Massachusetts say they believe that the increase in car break-ins, burglaries, scams, larcenies, and domestic violence crimes throughout the state can be attributed to the recent economic crisis. For example, the Boston Globe is reporting that in:

• Lawrence, Massachusetts: Burglaries have already increased by 52% compared to last year.
• Lowell, Massachusetts: There has been a 21% increase in thefts and larcenies, as well as an increase in fraud cases.
• Hingham, Massachusetts: Between October 2008 through February 2009, there were 57 reports of domestic violence-related crimes (up from 35 domestic violence incidents the year prior).
• Boston, Massachusetts: While large crimes are down throughout the city, certain areas have seen an increase in robberies, thefts, and burglaries.
• Between January 1 through March 1, 2009, the Suffolk district attorney’s office assessed 256 child abuse cases, which is almost twice the number of cases reported for the same period in 2008.

According to police, loss of work, loss of income, foreclosures, and loss of quality of life may be leading to desperation, frustration, anger, stress, arguments and fights between couples and business partners, drinking, and drugs.

Police departments throughout Massachusetts are also reporting some unusual crimes that could be a further reflection of the tough times that people are facing:

• A Ludlow bank was robbed two times in a little over a year in a town that hadn’t experienced a bank robbery in 20 years.
• In Hingham, one man was accused of assaulting his spouse after he was laid off from work.
• One Quincy theft crime that occurred last December involved robbers taking three snowplow blades.
Domestic violence programs throughout Massachusetts are reporting an increase in the number of battered women asking for help.

It doesn’t help that the economic crisis is forcing police departments to cut back on budgets, which means there are less resources and staff to deal with the increase in Massachusetts crimes.

Economy fuels rise in crime, police say, Boston.com, March 10, 2009
Massachusetts Crime Rates 1960 – 2007, Disaster Center
Related Web Resources:
Massachusetts State Police
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Performer Chris Brown is due in court today over allegations that he assaulted pop star Rihanna, who is his girlfriend. According to a police search warrant, he is accused of biting and beating the 21-year-old pop star during an alleged domestic violence altercation that took place in his rented Lamborghini on the night before the Grammy Awards last month.

The couple were reportedly riding in the vehicle together when they got into a fight. He allegedly tried to make her get out of the car, but she was wearing a seat belt. He then allegedly punched her a number of times and bit her fingers and ears, even threatening to kill the female singer.

Someone who heard the couple arguing after they stopped in an affluent residential area reportedly called 911. By the time police arrived at the scene, Brown was no longer there but a woman was found beaten and bruised next to his Lamborghini rental. There are some reports indicating that Rihanna’s blood was reportedly found spattered in the car.

The 19-year-old singer was arrested on February 8 under suspicion of making criminal threats. Brown is also under investigation for felony battery. Prosecutors, however, have yet to charge him for any crime. Experts have been commenting that a plea agreement might be under negotiation to prevent felony charges from being filed against Brown.

In the meantime, the media is reporting that Brown and Rihanna reconciled last weekend and the couple are back together again despite the alleged assault incident. According to experts, a criminal case against him may be difficult to pursue if she won’t testify against him.

Chris Brown still not charged in Rihanna case; Mark Geragos happy, New York Daily News, March 5, 2009
Chris Brown repeatedly beat, bit Rihanna, report says, Los Angeles Times, March 5, 2009
Chris Brown arrested in battery investigation, victim suspected to be girlfriend Rihanna, New York Daily News, February 9, 2009 Continue reading

The Massachusetts rape trial of former Coast Guard officer David Pierce is set to begin this week. Pierce is accused of raping the same woman five times in 2005.

Pierce’s criminal defense attorney claims that the sex between the client and the woman was consensual and that the two of them were involved in some sort of relationship that year. Pierce was indicted on five counts of rape in January 2006. He pleaded not guilty.

Several Coast Guard officers are expected to testify during his criminal trial. The alleged victim, Cape Cod Hospital nurses, and Yarmouth police officers are also expected to give their testimonies.

If he is convicted, Pierce would become a known Massachusetts sex offender and likely sentenced to time in state prison.

Rape
If you have been accused of committing rape in Massachusetts, it will be up to your Boston criminal defense attorney to combat the charges against you. Rape is a crime that usual involves non-consensual sexual intercourse between people, usually by force or under threat of injury. A defendant can be accused of raping a stranger, a friend, an acquaintance, a significant other, or a spouse.

A good Boston sexual crimes lawyer will know how to investigate the evidence against you, as well as determine what evidence exists in your defense. There may be information or evidence that could get the charges against you dropped or reduced. A conviction for rape in Massachusetts could lead to years in prison. Your name would also be placed on the Massachusetts’ sexual offenders list.

Coast Guardsman faces rape trial in Mass., Examiner.com, February 3 2009
Barnstable trial on rape charges begins Tues., CapeCodOnline.com, February 2, 2009

Related Web Resources:
Mass Law about Rape and Sexual Assault, Massachusetts Trial Court Law Libraries
Sex Offender Registry Board, Mass.gov Continue reading

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