In a recent opinion, the Massachusetts Supreme Judicial Court issued a ruling analyzing sentencing enhancements in crimes committed while in possession of a firearm. The underlying case involved a defendant who was tried and convicted of two counts of assault and battery by means of a dangerous weapon. The defendant…
Articles Posted in Assault Crimes/Violence
Massachusetts Court Reverses Defendant’s Assault Conviction Based on Admission of Friend’s Guilty Plea
Earlier this year, a state appellate court issued a written opinion in a Massachusetts assault case involving an interesting evidentiary issue. Specifically, the case required the court to determine if it was an error to admit the official criminal docket of the defendant’s friend whom he was with when he…
Massachusetts Court Determines Defendant’s Statement Was Involuntary in Light of Improper Police Assurances
Earlier this month, a state appellate court issued a written opinion in a Massachusetts assault case brought against a student who was involved in a serious fight resulting in the victim sustaining several broken bones. The case presented the court with the opportunity to discuss whether a statement made by…
Illegal Possession of a Dangerous Weapon in Massachusetts
At a Massachusetts juvenile crime trial, a teenager was adjudicated delinquent for assault and illegal possession of a dangerous weapon at school. He claimed on appeal that there wasn’t enough evidence for the judge to adjudicate delinquency on the dangerous weapon charge, among other things. The teenager was in high…
Assault and Battery on a Pregnant Woman in Massachusetts
In a recent Massachusetts appellate decision, the defendant was convicted of assault and battery with a deadly weapon on a pregnant person, as well as ordinary assault and battery on a pregnant woman and a violation of an abuse prevention order. He argued on appeal that the prosecutor’s misstatements warranted…
The Right to a Speedy Trial in Massachusetts
In a recent Massachusetts assault case, the appellate court considered aggravated rape and armed assault with intent to murder. DNA evidence connected the defendant to the case. In 2010, an arrest warrant was issued for the defendant. He was indicted as a youthful offender. However, he filed a motion to…
Who’s Eligible for Special Weekend Sentences in Massachusetts?
In a recent Massachusetts assault case, the defendant pled guilty to assault and battery on a girlfriend and her child. A judge sentenced him to 2 1/2 years in the house of correction, but he only had to serve six months with the balance suspended for three years. He was…
Aggravated Assault and Kicking a Victim Down Steps in Massachusetts
In a recent Massachusetts aggravated assault case, the defendant was convicted of assault and battery by a dangerous weapon, assault and battery, and threatening. The case arose from the defendant allegedly kicking the victim multiple times with a closed-toe shoe while the victim was trying to go down a flight…
Proof of Domestic Violence with a Dangerous Weapon in Massachusetts
In a recent Massachusetts criminal case, a defendant appealed after being convicted of rape, assault, and battery with a dangerous weapon. The case arose when the defendant started dating the victim, and the victim moved into his apartment, where he lived with a male roommate. Soon afterward, the defendant and…
Self-Defense in a Massachusetts Assault Case
In a recent Massachusetts appellate case, the defendant was convicted of assault and battery on a girlfriend. He appealed on the grounds that the conviction was a result of speculation and conjecture and that there were no findings to support it. The appellate court explained that after a defendant raises…