Boston Criminal Lawyer Blog
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
Whether you are arrested on a felony charge or a misdemeanor charge anywhere in the Boston area, you should hire an experienced Boston criminal defense team to represent you. Your lawyer may be able to get the charges against you dropped or reduced. You have a right to a proper defense by a Massachusetts criminal defense law firm that is on your side.
Contact Altman & Altman LLP and ask for your free consultation today.
