Violent Crimes - Part 2

Armed Burglary – Dismissed

The police were called to the scene of a home invasion. The owners of the home told the police that our client had forced his way through the front door without their permission. Once inside, our client allegedly demanded money and threatened to shoot the home owners. Following a scuffle, our client fled the scene. The police later found and arrested our client. In addition to armed burglary, our client was charged with assault with a dangerous weapon and assault and battery. All charges were dismissed prior to trial.

Masked, Armed Robbery – Dismissed

Two Hispanic males wearing masks and distinctive clothes entered a liquor store and robbed it at gunpoint. The police responded immediately and located our client and his friend nearby. They matched the description of the robbers. When the police asked where they were coming from, they gave stories that were later confirmed to be untrue. Both of the clerks from the liquor store identified our client as one of the robbers. Our client was initially held without bail. We immediately began an investigation and determined that both of the clerks’ identifications were flawed, and the clerks admitted they weren’t sure our client was involved in the robbery. We filed an emergency motion and had our client released from jail while the police investigation continued. Ultimately the prosecutor agreed with us that she could not prove our client was involved in the robbery and she dismissed the case.

Assault and Battery on a Child Causing Bodily Injury – Dismissed

Our client was accused by relatives of repeatedly beating his 8-year-old stepdaughter. The police interviewed the stepdaughter, who confirmed the beatings. The police observed bruises on the stepdaughter that were consistent with her story. We conducted an investigation and determined that the stepdaughter has a medical condition that causes her to bruise from very slight physical contact. We also interviewed witnesses who contradicted the stepdaughter’s allegations. We convinced the prosecutor to dismiss the case prior to trial.

Attempted Murder – Dismissed

Our client allegedly broke into his ex-girlfriend’s house by climbing through her bedroom window in the middle of the night. According to the ex-girlfriend, our client then strangled her until she passed out. When she regained consciousness, our client held a knife to her chest and said he was going to kill her. The ex-girlfriend was able to escape and go to the emergency room, where she was interviewed by the police. Our client was charged with attempted murder, and the case was dismissed prior to trial.

Unarmed Robbery – Dismissed

Our client was at a party when he ran into an acquaintance. An argument ensued between our client and an acquaintance and the argument escalated into a physical altercation. The acquaintance reported to the police that our client and three other individuals punched and kicked him, and our client stole his wallet. The acquaintance had visible injuries that were consistent with our story. In addition to unarmed robbery, our client was charged with assault and battery with a dangerous weapon (shod foot) and assault and battery. All charges were dismissed prior to trial.

Attempted Murder – Dismissed

The police found our client’s girlfriend on the street. She was emotionally distraught and had significant bruising and injuries around her neck. She told the police that our client had strangled her until she blacked out. The physical evidence supported the girlfriend’s story. Our client was arrested and charged with attempted murder, and the case was dismissed prior to trial.

Armed Robbery – Dismissed

Our client and his two friends got into a dispute with an acquaintance. The acquaintance reported to the police that during the argument, one of our client’s friends pulled out a knife and threatened her with it. Our client and her friends then stole the acquaintance’s shoes. The police searched the area and found our client and his two friends in possession of the shoes. They were arrested and charged with armed robbery, and the case was dismissed prior to trial.

Unarmed Robbery – Dismissed

Witnesses reported to the police that a man in a wheelchair was being robbed. The police spoke to the man in the wheelchair and he said our client and a woman knocked him out of his wheelchair, rummaged through his property, and stole his wallet. An independent witness confirmed this account to the police. Our client was arrested and the alleged victim’s keys were found in our client’s pocket. We conducted an investigation that revealed that the alleged victim was in the process of soliciting sex immediately before he was allegedly robbed. We shared this information with the Court and the District Attorney and the case was thereafter dismissed. Our client had also been charged with committing an assault and battery on a disabled person and receiving stolen property, both of which were dismissed prior to trial.

Strangulation – Dismissed

Our client was involved in a dispute with his girlfriend and a neighbor called the police. When the police arrived, the girlfriend had red marks on her neck and she was gasping for breath. She told the police during the argument with our client, he put both hands around her neck and began to strangle her, cutting off her air supply. Our client admitted there had been a verbal argument but said he never touched the girlfriend. The case was dismissed prior to trial.

Attempted Murder – Dismissed

The police were dispatched to our client's home to investigate the report of a domestic disturbance. When the police arrived, they heard a woman screaming "leave me alone" from inside the house. An officer then saw our client's girlfriend, who was disheveled and bleeding. Our client appeared intoxicated and challenged the police officer to fight him. The girlfriend told the police that she and our client had been drinking and started to argue. During the argument, out client punched the girlfriend several times in the face and then began to strangle her while threatening to snap her neck. A neighbor heard the commotion and called the police. The girlfriend had injuries that corroborated her story. At the arraignment, the Commonwealth asked the judge to hold our client without bail as a danger to society. There was an evidentiary hearing and we had the opportunity to cross-examine the girlfriend. Following the hearing, our client was released on personal recognizance and, ultimately, the Commonwealth dismissed the attempted murder charge.

Stalking – Dismissed

Our client was accused of using her boyfriend’s Facebook account to threaten his boyfriend’s ex-girlfriend. The ex-girlfriend reported to the police that our client had been sending vulgar and threatening messages to her. The officer made copies of the messages and a complaint issued against our client charging her with stalking, threatening to commit a crime, and sending annoying electronic communications. We argued that there was insufficient evidence to establish that our client was the author of the offensive messages. The judge agreed and allowed our motion to dismiss the case.

Armed Robbery – Dismissed

Our client was the back seat passenger in a car that contained two other men. The men spotted a boy riding a bicycle on the sidewalk. The driver of the car pulled next to the boy and the front seat passenger flung open his door, knocking the boy off the bike. The front seat passenger then stole the bike, eventually putting it in the car next to our client. The police tried to stop the car shortly thereafter, and the driver of the car led the police on a chase. The car in which our client was riding eventually crashed and our client fled on foot. He was located by the police later in the day and arrested. In addition to armed robbery, our client was charged (under a joint venture theory) with assault and battery with a dangerous weapon, larceny over $250, receiving stolen property, and conspiracy. All charges were dismissed prior to trial.

Kidnapping – Dismissed

Our client and his girlfriend were arguing at the girlfriend’s apartment. Our client allegedly became angry and pinned the girlfriend to the couch and put his hand over her mouth. According to the girlfriend, our client also grabbed her breasts several times. When the girlfriend attempted to leave the apartment, our client blocked the door and held her captive for more than four hours. The girlfriend escaped only by banging on the walls, causing a neighbor to investigate. In addition to kidnapping, our client was charged with burglary and indecent assault and battery. All charges were dismissed prior to trial.

Armed Assault with Intent to Murder – Probation Continued

While represented by another attorney, our client was convicted of armed assault with intent to murder. He served a lengthy prison sentence and was then placed on probation. He was rearrested for a violent crime and we represented him on his probation surrender hearing. We convinced the judge not to send him back to prison, but instead to continue his probation.

Armed Robbery – Dismissed

A convenience store clerk called the police to report that she was robbed in the middle of the night by a man with a weapon. The suspect entered the store and told the clerk not to look at him, while apparently brandishing a gun in his pocket. The suspect then said “don’t make me kill you.” The suspect gave the clerk a paper bag and demanded cigarettes and all of the money from the register. After the clerk complied, the suspect fled the store. The clerk subsequently positively identified our client as the assailant. Our client was also identified as being involved in another (unrelated) robbery in the area. The grand jury returned indictments charging our client with armed robbery and assault with a dangerous weapon. Both charges were dismissed prior to trial.

Burglary – Probation Terminated

While represented by another attorney, our client pled guilty in superior court to breaking into a neighbor’s home. He was placed on probation. We began representing the client after he violated his probation by being charged in New Hampshire with aggravated drunk driving and failing to report to his probation officer for more than four years. His probation officer asked the judge to send our client to sentence our client to a lengthy jail term. We convinced the judge to terminate our client’s probation with no additional punishment.

Assault and Battery on a Child Causing Bodily Injury – Dismissed

Our client was accused by relatives of repeatedly beating his 8-year-old stepdaughter. The police interviewed the stepdaughter, who confirmed the beatings. The police observed bruises on the stepdaughter that were consistent with her story. We conducted an investigation and determined that the stepdaughter has a medical condition that causes her to bruise from very slight physical contact. We also interviewed witnesses who contradicted the stepdaughter’s allegations. We convinced the prosecutor to dismiss the case prior to trial.

Kidnapping – Dismissed

Our client’s ex-girlfriend had a restraining order against our client. According to the ex- girlfriend, our client went to her apartment and forced his way inside. Our client allegedly held the ex-girlfriend captive for 15 hours and refused to allow her to leave. At some point, our client left the apartment and then allegedly called the ex-girlfriend and told her he was going to return with a gun and “take care of business.” In addition to kidnapping, our client was charged with violating a restraining order and threatening to commit a crime. All charges were dismissed prior to trial.

Masked Armed Robbery – Probation Continued

While represented by another attorney, our client was convicted of masked armed robbery and placed on probation (after serving a lengthy state prison sentence for related charges). While on probation, he was implicated in a housebreak and found with stolen items that were taken from the house. His probation officer brought the case into court and the judge found him in violation of his probation. He was facing a mandatory minimum five-year state prison sentence, but we convinced the judge to place him back on probation.

Accessory to Armed Robbery – Motion to Suppress Allowed

Our client’s friend used a large military-style knife to rob a convenience store in the middle of the night. Our client drove him to the convenience store, waited for him outside, and drove him away after the robbery. When the police pulled her over shortly thereafter, the knife and stolen cash and cigarettes were clearly visible in the car. Our client made a statement to the police in which she said she became aware her friend was going to rob the store as they approached it, and she admitted that she waited for him and drove him away from the scene after the robbery. We filed a motion to suppress our client’s confession, which was allowed by a superior court judge. Following the suppression of our client’s statement, the Commonwealth dismissed the case.

Criminal Harassment – Dismissed

Our client’s ex-boyfriend called the police to report that our client was harassing him. The police learned that our client had called the ex-boyfriend more than 10 times and threatened him, his new girlfriend, and members of his family. A police officer spoke to our client, who admitted she was making the phone calls. Our client was charged with criminally harassing her ex-boyfriend. The judge allowed our motion to dismiss the case prior to trial.

Assault with a Dangerous Weapon – Dismissed

Our client was dating a woman who had an adult son from a previous relationship. The son traveled to our client's home and confronted our client for disrespecting his mother. Our client ordered the son to get out of his house and the son refused. Our client allegedly retrieved a gun from his bedroom and pointed it at the son's chest, threatening to shoot him. The police were called. When the cops arrived, they searched our client's bedroom and found a gun matching the description of the gun used in the alleged assault. Our client was arrested, but the case was dismissed prior to trial.

Assault and Battery on a Police Officer – Dismissed

Our client was attending a party that was being broken up by the police. When an officer told our client to leave, our client refused to move and began screaming at the officer. The officer again told our client to leave and our client shoved him and swore at him. Our client was placed under arrest after a brief struggle. In addition to assault and battery on a police officer, our client was charged with resisting arrest and disorderly conduct. All counts were dismissed prior to trial.

Aggravated Assault and Battery – Dismissed

Our client’s girlfriend reported to the police that she had been arguing with her boyfriend when he became angry and shoved her down a flight of stairs. The girlfriend told the police she was pregnant with our client’s baby. The police found our client, who admitted he knew the girlfriend was pregnant. Our client was arrested and charged with aggravated assault and battery. The case was dismissed prior to trial.

Assault and Battery on a Public Employee – Dismissed

Our client went to a hospital for treatment of stomach pain. She became upset when told she was going to be admitted. According to a nurse, our client put her into a headlock and attempted to choke her. Our client released the nurse when the hospital security team arrived. The case was dismissed prior to trial.

Unarmed Robbery – Dismissed

Our client was in a dispute with a woman he knew. During the argument, our client allegedly ripped the woman’s purse from her hand. The woman identified our client and he was charged with unarmed robbery. The case was dismissed prior to trial.

Larceny from a Person – Dismissed

Our client was at a hotel room with his ex-girlfriend. The ex-girlfriend went to sleep and when she awoke, she discovered that her prescription medication was missing. She confronted our client, who admitted he had stolen the drugs but refused to return them. Our client was charged with larceny from a person, and the case was dismissed prior to trial.

Armed Robbery – Probation Continued

While represented by another attorney, our client pled guilty to robbing a woman with a knife. After serving a jail sentence, our client was placed on probation. We began representing him after he violated his probation by testing positive for cocaine four times, failing to pay more than $10,000 in restitution, and failing to report to his probation officer for almost one year. The probation officer asked the judge to send our client to state prison for several years. We convinced the judge to continue our client’s probation and allow him another chance to get clean.

Intimidation of a Witness – Dismissed

Our client and his girlfriend were involved in an argument. During the argument, our client allegedly lunged at the girlfriend in an attempt to strike her. The girlfriend was about to call the police when our client snatched her phone. He then used a wooden chair to smash the living room window. The police observed the damage to the chair and the window. In addition to intimidation of a witness, our client was charged with assault and vandalizing property. All charges were dismissed prior to trial.

Assault with a Dangerous Weapon – Dismissed

Our client and her boyfriend were involved in a verbal altercation. The boyfriend reported to the police that during the fight, our client threw a glass and a shoe at him. The police made observations that corroborated the boyfriend’s story. Our client was charged with two counts of assault with a dangerous weapon. Both charges were dismissed prior to trial.

Aggravated Assault and Battery – Dismissed

Our client’s girlfriend was four months pregnant. She told the police that during an argument, our client had punched her in the stomach and told her that he “hoped the baby died.” In addition to aggravated assault and battery, our client was charged with assault. Both charges were dismissed prior to trial.

Assault and Battery – Dismissed

Our client was arguing with her daughter. During the argument, our client slapped her daughter in the face, causing an injury that was witnessed by the responding police officer. Our client admitted to the police that she hit her daughter. She was arrested and charged with assault and battery, and the case was dismissed prior to trial.

Unarmed Assault with Intent to Rob – Dismissed

A police officer watched our client stand outside of an enclosed ATM machine while a bank customer withdrew money. When the man exited the building, the police officer saw our client punch him and knock him to the ground. The police officer broke up the fight and learned from the victim that our client had demanded his money. Our client denied the charges and said he was simply trying to recover money that was owed to him. The case was dismissed prior to trial.

Assault and Battery with a Dangerous Weapon – Dismissed

Our client was involved in a road rage incident. A woman driving a car exited to confront a group of people, including our client. According to witnesses, our client shoved the woman and spit at her. The woman’s husband then arrived and our client allegedly kicked him in the stomach. In addition to assault and battery with a dangerous weapon (shod food), our client was charged with one count of assault and battery and one count of assault. All charges were dismissed prior to trial.

Intimidation of a Witness – Dismissed

Our client was arguing with his girlfriend at the girlfriend’s friend’s house. During the argument, our client allegedly shoved a marble table toward the girlfriend. As she began to call the police, our client took the cell phone out of her hand. The incident was witnessed by the girlfriend’s friend. In addition to witness intimidation, our client was charged with assault. Both charges were dismissed prior to trial.

Assault with a Dangerous Weapon – Dismissed

Our client's ex-girlfriend was dating another man and our client was allegedly jealous of the relationship. The ex-girlfriend reported to the police that our client had followed her and the new boyfriend to a local shopping center. As the ex-girlfriend and the new boyfriend were walking toward their car in the parking lot, our client drove toward them and tried to hit them with his car. Our client was charged with assault with a dangerous weapon and the case was dismissed prior to trial.

Assault and Battery – Dismissed

The police were called to our client’s apartment. Our client’s roommate told the police that while she was sleeping, our client attacked her. Police officers observed injuries to the roommate that corroborated her story. The police then interviewed our client, who said that she attacked the roommate because the roommate had been talking behind her back. Our client was charged with assault and battery and the case was dismissed prior to trial.

Criminal Harassment – Dismissed

Our client was involved in an ongoing neighborhood dispute. The neighbors reported to the police that our client challenged them to physical fights, repeatedly swore at them, and pointed her loud radio at their house. Our client was charged with criminal harassment. The case was dismissed prior to trial.

Assault and Battery – Dismissed

The police were called to our client's apartment to investigate a domestic disturbance. When they arrived, the police found our client's girlfriend outside. She was bleeding from an injury to her face. She told the police that during an argument, our client had punched her several times causing the injury. Our client was arrested and charged with assault and battery and the case was dismissed prior to trial.

Armed Robbery – Probation Continued

While represented by another attorney, our client pled guilty to being the get-away driver in several convenience store robberies. After serving time in jail, our client was released and ordered to complete an inpatient drug program. She was thrown out of the program after failing a drug test. We convinced the judge to continue our client’s probation and give her a second chance to complete the drug program.

Assault and Battery with a Dangerous Weapon – Dismissed

Our client’s girlfriend called the police and reported that our client had assaulted her. When the police arrived at her house, the girlfriend was crying and had visible injuries to her eye. She told the police that our client had shoved her into a playpen, causing her to strike her face. Our client was charged with assault and battery with a dangerous weapon. The case was dismissed prior to trial.

Aggravated Assault and Battery – Dismissed

The police responded to our client’s home to investigate a disturbance. Upon arrival, the police found our client’s pregnant wife lying in the street and crying. She told the police that our client had knelt on her stomach and punched her in the face at least three times. The police reported that her face was red and swollen. The wife was three months pregnant with our client’s baby. The case was dismissed prior to trial.

Assault and Battery on a Police Officer – Dismissed

The police were called to assist a bar owner in clearing out a crowd at the end of the night. While ordering the crowd to disperse, a police officer reported that our client refused to leave. When the officer attempted to escort her from the bar, our client allegedly punched the officer in the face and chest. She was arrested and in addition to assault and battery on a police officer, she was charged with resisting arrest and disorderly conduct. All charges were dismissed prior to trial.

Strangulation – Dismissed

Our client believed the victim (a teenager) had stolen her daughter's cellphone. Our client found the victim on a city street and attacked her in front of a group of witnesses. During the beating, our client reportedly strangled the victim and kneed her several times in the head, causing her to lose consciousness. The police arrived on the scene and found the victim bleeding, crying, and disoriented. In addition to strangulation, our client was charged with assault & battery and threatening to commit a crime. All charges were dismissed before trial.

Violent Crimes - Part 1

Violent Crimes - Part 3

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