Boston Criminal Lawyer Blog

A Winthrop High School assistant football coach has been acquitted of charges that he bit someone’s ear in Massachusetts. Charges included two counts of aggravated assault and battery and mayhem. Had Richard Fucillo been convicted, he could have served up to 20 years in prison.

Fucillo, 46, was accused of biting the ear of George Sennott, who he believed was carrying on an affair with his estranged wife. Fucillo, his wife, and Sennott have known each other since grade school.

The altercation took place on March 2007.

Sennott accused Fucillo of flying into a jealous rage because he believed that Sennott was having an affair with his wife and biting his ear so viciously that it nearly tore off. He needed 150 stitches to repair the damage to is ear.

Police say they saw Fucillo jump out of a car while driving down Washington Street and attacking Sennott. Fucillo’s Massachusetts criminal defense attorney, however, says that Sennott had instigated the fight and started assaulting Fucillo first.

Fucillo claims that he was acting in self-defense. He says he did not bite Sennott’s ear. Forensic experts say the injuries caused to Sennott’s ear were not bite-related. Fucillo says that Sennott may have gotten his ear caught in his jacket zipper during the fight.

The Suffolk Superior Court jury issued its not guilty verdict on Wednesday.

Massachusetts assault charges can lead to serious penalties if you are convicted. A good Boston assault attorney can defend you against the charges or determine whether any charges can be dropped or your sentence reduced. If you have been convicted of a crime, you will need a Massachusetts criminal defense lawyer to file your appeal.

Jury acquits man in ear-biting case, Boston.com, April 29, 2008

Police: Football Coach Nearly Bit Man's Ear Off, WJZ.com, March 19, 2007

Related Web Resource:

Massachusetts General Laws

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In Massachusetts, David J. Privette, the man accused of using cigarettes to burn the genitals of a 7-year-old boy, has now been charged by Middleborough police with two counts of indecent assault and battery and mayhem. The child, who is the son of Privette's girlfriend, may be permanently injured from the repeated burns.
Privette, 22, also allegedly beat the boy with a belt and urinated on his head.

Privette has denied the allegations. The charges that had initially been filed against him were two counts of assault and battery with a deadly weapon and assault and battery on a child.

DSS officials had been aware of neglect occurring to the boy as early as 2002 and had been to the boy’s home four times since the boy’s school filed a physical abuse report on December 19.

They did not inform police until this week—after a nurse at the boy’s school found burn marks on his pelvis, genitals, and buttocks.

Privette began dating the boy's mother, Michelle Henry, several months ago.

A nurse at the boy’s school had called the DSS in December and case workers spoke to the boy’s family. The school called the DSS on March after the boy told a teacher that he didn’t want to go home because Privette had burned his private parts with a cigarette.

The DSS finally contacted the Plymouth district attorney’s office after the nurse at the boy’s school filed a third report that the boy was being abused.

Privette says he was not at the boy’s home when the abuse took place.

If you have been arrested for any crime in Massachusetts, you should contact our Boston, Massachusetts criminal defense law firm for a free case evaluation. A good Massachusetts criminal defense lawyer can defend you against the charges and protect your legal rights.

Police file new charges in Middleborough child abuse case, Boston.com, March 20, 2008

New charges against man accused of burning boy with cigarettes, BostonHerald.com, March 20, 2008

Related Web Resource:

Massachusetts General Laws

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In Boston, Massachusetts, Damon Jamaal-Anthony Haley (The Boston Globe is reporting that his last name is Haley. The Boston Herald says his last name is Powell) has pled not guilty to assault and battery on a police officer and other charges related to a gang fight at Aria, a local hip-hop nightclub.

Boston police arrived at the club, hosting a “Girls Gone Wild Party,” before the shooting occurred because of a tip they received of a possible gang brawl that might happen.

A verbal argument after 1;30 am was followed by a brawl involving some 35 people, champagne bottles being smashed over people’s heads, and the sound of gun shots. Two people sustained gunshot wounds.

Police say they arrested Haley, a 24, because he had a 9mm Lugar in his hand. There was still one round in the chamber and five in the magazine. Haley reported told police that “They threw a drink so I had to come out with it.” One of the police officer that helped apprehend Haley sustained a broken arm.

Haley has no prior criminal convictions and his defense team says there was so much commotion during the shooting that positively identifying the gunman would have been impossible.

Haley is being held on $1 million cash bail—double the amount that prosecutors had recommended.

A conviction for assault and battery of a police officer in Massachusetts can be punishable by up to 2.5 years in prison. Any weapons-related charges are also considered serious criminal offenses in this state.

It is important if you have been charged with this crime to contact our Boston, Massachusetts criminal defense law firm right away.

We can defend you against the charges. Sometimes, incidents of alleged assault and battery against a police officer can occur because the suspect was provoked or defending him or herself. One of our Massachusetts defense lawyers can determine if this is the case.

Boston nightclub melee ends in shooting, Boston.com, February 24, 2008

$1M bail for alleged shooter at 'Girls Gone Wild' Party, Boston Herald, February 25, 2008

Related Web Resources:

Aria Nightclub

Massachusetts Police Brutality

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New England Patriots Football Player Randy Moss says he did not commit battery against the 35-year-old woman who has filed a temporary restraining order against him.

Rachelle Washington is accusing Moss, who she says she had an intimate relationship with, of battery, causing her serious injury, and denying her medical attention during a domestic violence incident that allegedly took place at her Florida home on January 6.

Moss says that Washington just wants to him to give her money. He says that Washington was injured but the injury was accidental. He says that Washington wanted “six figures” from him in exchange for her not making the incident publicly known. Moss says he cannot reveal details of exactly what happened because a lawsuit by Washington may be pending. He says that he has never struck a woman.

The restraining order says Moss must stay 500 feet away from Washington, who he has known for more than 10 years. A hearing on January 28 will determine whether a permanent restraining order against Moss will be issued.

Moss and Elizabeth "Libby" Offutt were charged in a 1996 domestic violence dispute. Offutt is the mother of his children. In the criminal complaint filed by police, Moss is accused of throwing steaming hot water on Offutt and pushing her down repeatedly when she tried to get up from a sitting position.

Moss accused Offutt of hitting and kicking him. The misdemeanor domestic battery charges were dropped after both of them agreed to undergo counseling.

If you are under investigation for domestic violence, you should contact a Massachusetts domestic violence lawyer who can apprise you of your legal rights and represent you in the event that charges are filed.

Moss denies battery claim, Boston Globe, January 17, 2008

Moss: I did 'nothing wrong', Boston Herald, January 17, 2008

Related Web Resources:

Randy Moss, NFL

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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.

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.

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

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In Massachusetts, Eber A. Rivera, a 23-year-old Framingham homeless man was arrested on Saturday and charged in the stabbing attack of a Framingham resident on Beaver Street. Charges include assault and battery with a dangerous weapon; assault with the intent to commit a felony; assault and battery on a disabled or injured person; assault with the intent to murder or maim; and disturbing the peace.

The stabbing victim was found with multiple stab wounds. One stab just missed the victim’s heart. Police say that the injuries are very serious. The victim was taken to Beth Israel Deaconess Medical Center in Boston.

Police are trying to discover a motive for the attack. Rivera told authorities that the victim was disrespectful to him. Local police don’t think that Rivera and the victim had met prior to the incident.

Rivera was covered with blood when he fled the assault scene and encountered a police vehicle responding to a call about the attack. Rivera led police on a food chase before he was arrested.

In Massachusetts, the maximum penalties that come for being convicted of the crimes that Rivera is charged with include:

• Assault and battery: 2 ½ years maximum in a house of correction or a $1,000 maximum fine

• Assault with intent to murder or maim: 10 year-maximum prison sentence

• Assault and battery on a disabled or injured person: Up to three years in state prison

Just because you are arrested for assault and battery doesn’t mean you are guilty. There may be evidence that can be legally suppressed or motions that can be dismissed or charges that can be dropped. Your Massachusetts criminal defense lawyer may be able to work out a plea agreement with the prosecution.

Being convicted of a crime has serious consequences on your life and the lives of your loved ones. It is so important that you hire an experienced Massachusetts criminal defense attorney who will defend you and protect your rights.

Man stabbed near heart in Framingham, MetroWest Daily News, December 16, 2007

Massachusetts General Laws - Crimes Against the Person - Chapter 265, Section 15A, Onecle.com

Related Web Resource:

Massachusetts Sentencing Guidelines, The Massachusetts Court System

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In New Bedford, Massachusetts, Brian James, 34, is being held without bail for allegedly biting off the ear and lip of a 3-year-old girl. The child is the daughter of his girlfriend, Jessica Silveria, 26, who is also being held without bail. Arrest warrants had been issued for the couple.

James is charged with assault and battery upon a child causing substantial bodily injuries. Under the General Laws of Massachusetts, Chapter 265, Crimes Against the Person. Section 13J “Assault and battery upon a child; penalties” offers the following definitions:

Bodily injury: “substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child’s health or welfare.”

Child: any person younger than 14 years of age

Substantial bodily injury: “bodily injury which creates a permanent disfigurement, protracted loss or impairment of a function of a body member, limb or organ, or substantial risk of death.”

Punishment for conviction of this crime is up to five years in state prison or no more than 2.5 years in the house of correction.

James has pleaded not guilty to the charges. Silveria is charged with intimidation of a witness and permitting substantial injuries to a child under 14 years of age.

According to police, the face of Silveria’s little girl was so mutilated that doctors will not be able to completely repair the damage. Part of her upper lip is now gone, and her ear cannot be made whole again. She also had bite wounds on her face and on other areas of her body.

James and Silveria are scheduled to appear in court next week for a dangerousness hearing. A dangerousness hearing can be called by the Assistant District Attorney. This allows the Assistant D.A. to hold the defendant in pre-trial detention with no bail. In order to prove dangerousness, there has to be “clear and convincing” evidence that letting the defendant go could be dangerous for the victim or other members of the community.

Officials at Children’s Hospital in Boston think that the bite attacks started in January and went on until at least April. However, Lori James, James’ aunt, claims that her nephew did not bite the girl’s lip and that the 3-year-old had told her that her tooth went through her lip when she fell in the tub. Lori James says that James has never abused any children.

If you are arrested for assault and battery, you are entitled to qualified legal representation from a good defense lawyer. Your criminal defense attorney can protect your legal and civil rights, guide you through the process, investigate the charges against you, and defend you during a criminal trial.

Mass. Man Charged With Savagely Biting Little Girl, Keyetv.com, July 5, 2007

Police Arrest Man Accused Of Biting 3-Year-Old, Yahoo.com, July 4, 2007

Domestic Violence Brochure, Mass.gov

Crimes, Punishments, and Proceedings in Criminal Cases, The General Laws of Massachusetts

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This week, a Suffolk Superior Court judge will decide whether to set bail for Bernard Piscopo, 38, the man charged in the June 17 stabbing death of Adam Rich, 26, at The 6 House bar in Boston. Piscopo’s attorney is pushing for bail because the defendant has multiple sclerosis.

Rich died after someone stabbed him eight times all over his body, including his legs, stomach, chest, back, and hand. He was treated at Boston Medical Center. His friend, Thomas Browne, was treated at Massachusetts General Hospital. Browne received 40 stitches for his knife wounds. No one has been charged in Browne’s stabbing.

According to Piscopo’s defense attorney, his client is afflicted with multiple sclerosis and could not have possibly committed the crime. His lawyer says that the bar’s cameras and forensic evidence show that Piscopo was not involved in the fight.

Witnesses from that night say that there were two altercations between bar patrons before Piscopo, a Dorchester resident, allegedly pulled a knife from his pants. He is accused of stabbing Rich and another man.

Piscopo claims that the defendant does not drink because of the shots he is required to take to manage his multiple sclerosis. He has no criminal history and served in the U.S. army for nearly 10 years. Piscopo has a fiancé and two children.

The 6 House is under investigation because of its patrons’ behavior and also for complaints that it does not offer employees workers’ compensation.

The “Not Guilty” Plea
Under the Massachusetts Rules of Criminal Procedure, when a defendant is charged with a crime, he or she can only plead guilty, not guilty, or nolo contendere. The option to plead innocent does not exist. A jury in Massachusetts is only allowed to render a verdict of not guilty or guilty. A person who committed a crime may be found not guilty for many reasons, including inadmissible evidence and by reason of insanity.

If you or someone you love has been arrested for a crime, it is important that you speak with a criminal defense attorney right away. Your lawyer can protect you and your rights, investigate the charges against you, and help secure the best outcome possible for you.

Bail Decision Due Monday in Barroom Slay, Boston Herald.com, June 29, 2007

S. Boston Stabbing Suspect Pleads Not Guilty, Boston Globe, June 21, 2007

Not Guilty Does Not Mean Innocent, Massachusetts Bar Association

Related Web Resources:

Multiple Sclerosis Health Center

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