Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network.
To speak to Sam about a criminal matter call 617-492-3000.

March 2, 2011

Lynn Woman Strikes Perpetrator With Rod And Prevents Robbery – Attorney Sam’s Take

We seem to be living in the time of the realistic hero. Last year, “Kick-Ass”, a movie about a young man who decided to become a superhero was very popular. More recently, “The Green Hornet” was revisited, now as a semi-comedy, with a more realistic feel as the Green Hornet and Kato are now average guys just trying to “help out”. And this week, we have Bosolakhana Thach of Lynn, hereinafter, “Rod Woman”.

Rod Woman was working at her convenience store on Monday afternoon, when the proverbial “bad guy”, a man wearing a hood, dark sunglasses and a knife came in. The man, hereinafter, “the Robber”) was a calm sort. He leaned over the counter and quietly warned Rod Woman to stay away from any alarms and to give him the money from the register.

What the Robber may not have known was that Rod Woman was, in reality, “Robbery Victim X Two Woman”. She was determined not to allow a third.

As is apparently recorded on the surveillance video (woops!), the Robber, after making his demands, turned his head away from Rod Woman. It was then that Rod woman grabbed a 4-foot, 15-pound iron rod from behind the counter and brought it crashing down on his wrist.

The knife was knocked from the Robber’s hand.

Continue reading "Lynn Woman Strikes Perpetrator With Rod And Prevents Robbery – Attorney Sam’s Take" »

February 3, 2011

Police Seek Dorchester Burglary Suspect Who’s Phone May Turn Him In - Attorney Sam’s Take

An unnamed gentleman was apparently going about his business in Dorchester Monday. Said business is known as "home invasion".

The break-in was on Beaumont Street and took place on Monday morning while the occupants were out. One was at work and the other...coincidentally enough...was on jury duty

The burglar took an awful lot of stuff, including all the electronics that he could find. This would include a laptop computer, television set and Nintendo Wii game system as well as other goods. The rooms were found, according to police, . “in disarray, draws (sic) opened, closets opened, items ransacked.”

However, the mystery thief apparently left a gift behind.

His blackberry cell phone. It was found on the bathroom floor. Near the broken window.

Continue reading "Police Seek Dorchester Burglary Suspect Who’s Phone May Turn Him In - Attorney Sam’s Take " »

December 16, 2010

Armed Bank Robbery in Malden

A Citizen’s Bank on Main Street in Malden was robbed Thursday afternoon, and police are looking for the suspect. At around 1 p.m., a man entered the bank with a note demanding money and warning that he had a weapon. As he was leaving, he ran into problems with the bank’s door locking mechanism and fired 5 shots into the door. He fled on foot down Leonard Street near Oak Grove. Police lost track of him and called off the search around 4 p.m. The suspect, a 5- foot-6 black male in a baseball cap, was captured on a bank surveillance camera. No one was injured.

Police suspect that this man is responsible for other bank robberies in Reading and Lynnfield. The FBI is investigating. It should be remembered that if a federal agent comes to speak with you, you need to call a lawyer before you say anything. Such agents might seem friendly and informal, but any information can be used against you later. Bank robbery is a federal crime under 18 USCS § 2113, and the potential punishments are serious, especially when the alleged robber was armed.

It should be noted that this alleged robber was lucky that his gunshots did not hurt anyone. If, for example, the shots missed the door or ricocheted and killed a bystander, the felony murder doctrine would be triggered, even though he did not intend the killing. Also, if police had fired at this suspect and killed a bystander by mistake, this alleged robber could be criminally responsible for the bystander’s death.

The Boston Globe, Malden bank robber exits, firing five bullets into door

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November 26, 2010

Attorney Sam’s Take: Massachusetts Female Robbery Rate Is Up – Are Drugs The Reason?

As we end our Thanksgiving celebration for 2010, the Boston Criminal Lawyer Blog brings you yet another reason to be grateful. We, as a society, have made another step forward in the cause of equality. This blog being what it is, of course, that stride involves the criminal justice system. More specifically, it is in the genre of Massachusetts robberies.

We break this “good” news with the story of Cheryl Fitzgerald (hereinafter, the “Defendant”), a young lady who, on September 22nd, is alleged to have entered the Hometown Bank in Webster wearing a New England Patriots cap and giving the teller a note stating “Give me the money. No dye packs.”

The Defendant was arrested on November 7th in Daytona Beach, Florida, and then extradited back to the Commonwealth. Finally, she was arraigned in Dudley District Court and ordered held on $5,000 bail. She stands charged with unarmed robbery and larceny over $250. Since the robbery was of a bank, she could also end up facing charges in federal court.

The investigating detective, Webster police detective and 17-year police veteran James T. Hoover, recognized this robbery as a breakthrough of sorts. He explained, “I have had 15 bank robberies in my career and that is my first woman…that (bank robbery) was our fourth one this year.”

But, a man of the times, Detective Hoover said that the fact that the suspect was a woman was not really much of a shock.

Continue reading "Attorney Sam’s Take: Massachusetts Female Robbery Rate Is Up – Are Drugs The Reason?" »

November 15, 2010

Attorney Sam’s Take: Harvard University Campus Is The Scene Of Robbery, Assault And Shooting

After a week nursing an eye issue, I am back to my Boston Criminal Law Blog…although it may take another week or two to go daily. I plan to blog Monday, Wednesday and Friday this week. Hopefully, the other “mini-blogs” are keeping you informed, if not entertained, in the meantime. However, in my absence, I see (to the extent that my temporary eye patch will allow) that not very much has changed. College campuses are still the scenes of crime, shootings continue and police officers continue to assault and be assaulted.

Let’s take Cambridge’s Harvard University for example.

Kai Robert Kruger, 21 (hereinafter, the “Defendant”) ran into a bit of trouble on Harvard’s campus this weekend. According to authorities, he was arrested after firing a gun at a police officer and attempting to rob three Harvard University freshmen at gunpoint.

Apparently, the Defendant had stolen the students' wallets, credit cards and cell phones before the officer’s arrival.

But then, his luck began to turn.

Continue reading "Attorney Sam’s Take: Harvard University Campus Is The Scene Of Robbery, Assault And Shooting" »

November 14, 2010

Newton Teens Face Serious Charges After Waltham Slaying

Two Newton teenagers, 17-year-old Benjamin Peirce and 18-year-old Shaquan Jacobs, were arraigned Wednesday in Superior Court in Woburn on murder, armed robbery and firearms charges. Both pleaded not guilty.

The charges arose from the September fatal shooting of Adam Coveney, a 29-year-old Waltham man. Prosecutors allege that the teens arranged a drug deal with Coveney to rob him of Percocet tablets. Aside from Peirce and Jacobs, two others were allegedly involved. Daniel Louis, a 21-year-old West Roxbury man, and Wallace Duarte, a 17-year-old from Waltham, were arraigned Thursday. Louis faces murder, armed robbery and firearms charges. Duarte was charged as an accessory after the fact to murder.

As you would guess, murder is the most serious of all crimes and is punishable by up to life in prison without the possibility of parole. A conviction for armed robbery could also carry a life prison sentence. The punishment for conviction of firearms charges varies but the penalty is often increased when the gun was used in connection with a robbery. Accessory after the fact is punishable by up to 7 years in the state prison. Facing these penalties, the stakes could not be higher for these young men.

The Boston Globe: Newton teens arraigned in Waltham slaying

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November 12, 2010

Armed Robbery in Harvard Yard

An armed robbery occurred early Thursday in the famous Harvard Yard. A man who was unaffiliated with Harvard University was robbed at gunpoint outside of a freshman dorm around 2:45 a.m. He gave his wallet to the robber and fled from the area. The robber was described as a thin, 5-foot-9 Hispanic male in his 20s.

In Massachusetts, armed robbery is governed by Massachusetts General Laws Chapter 265 Section 17. The law makes armed robbery punishable by up to life in prison. If the robber was masked or wearing a disguise at the time of the robbery, there is a 5-year mandatory minimum sentence.

Usually in robbery cases, the critical issue will be the identity of the alleged robber. It is important to contact a lawyer if you suspect that you are being investigated in connection with a robbery.

The Boston Globe: Armed robbery reported in Harvard Yard

Call the Experienced Criminal Defense Attorneys of Altman & Altman LLP Today at (617) 492 3000 or (800) 481 6199

At Altman & Altman LLP, our criminal defense lawyers have more than four decades of experience. We will gladly answer any questions that you might have in a free initial consultation.

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November 5, 2010

Dorchester Man Pleads Not Guilty to Bank Robbery

Christopher Higgins, a 43-year-old Dorchester man, pleaded not guilty Thursday in West Roxbury municipal court to one count of unarmed robbery and was held on $5,000 cash bail.

It is alleged that Higgins robbed a West Roxbury bank and tricked his friend into driving the getaway car by saying he got into a fight at the bank and had to leave quickly. Police interviewed and released the friend.

Police told the Boston Globe that the robbery happened Wednesday when a white male in a ski mask and hooded sweatshirt robbed Hyde Park Savings Bank. Shortly afterwards, the police saw a car matching the description that bank employees gave them. The friend gave police the address where Higgins might be staying, and they spotted a man fitting the description moments after arriving. Higgins fled on foot but was arrested soon afterward.

The Boston Globe: Bank robber allegedly tricked friend into driving getaway car

Continue reading "Dorchester Man Pleads Not Guilty to Bank Robbery " »

September 22, 2010

Attorney Sam Reviews A Recent Boston Unarmed Robbery After Arraignment

A Winchester gentleman is probably reconsidering last week's recent trip to Boston. This would be because his adventures therein have brought him not only forced monthly visits to Beantown, but also the need for a criminal defense attorney and a couple of blots on his criminal record concerning a certain robbery.

In other words, he was arraigned on Monday.

I am referring to Mr. Ernest G., 28 (hereinafter, the “Defendant”).

You see, the Defendant is now facing criminal charges for allegedly trying to steal a 73-year-old Marblehead woman’s bag in Boston’s South End. Of course, according to the Commonwealth, said theft did not go so well.

When the Defendant allegedly grabbed the bag near the intersection of Columbus Avenue and Yarmouth Street, he fled toward the Southwest Corridor. When he did so, The woman’s grandson and granddaughter ran after him, as did a police officer.

Continue reading "Attorney Sam Reviews A Recent Boston Unarmed Robbery After Arraignment" »

August 24, 2010

A Boston Defense Attorney Discusses Police SWAT Investigation Into Armed Robbery

Big happenings in the Boston area! A police investigation into a robbery with a gun! What could be more exciting than a big SWAT team operation? The Bad Guys are usually cornered and lives hang in the balance as the Good Guys take control and take whatever Bad Guys still exist after the stand-off into custody.

Such was the scene at Fenwood Road in Mission Hill yesterday.

Well, almost.

It was a tense four hours last night as the investigating Boston Police Department special operations team and dozens of police units surrounded the apartment at issue.

The targets?

Armed robbery suspects! Pretty serious stuff!

Continue reading "A Boston Defense Attorney Discusses Police SWAT Investigation Into Armed Robbery" »

February 25, 2010

Assault, License Loss And OUI Charges Apparently Not Enough For Alleged Armed Carjacker

Today, the Boston Criminal Lawyer Blog points out that there really can be “heroes” as well as “villains” in today’s modern, if not skeptical, age.

It seems to also be a story of a suspect's alleged consistency.

It was this past Monday. It began when a 34-year-old woman parked her Acura SUV at the Dock Square garage in the North End. Suddenly, out of nowhere, a burly man appeared at her door, speaking calmly and matter-of-factly.

“I need your car, I need your keys,’’ he said.

When she saw the gun in her hand, she knew it was not simply an unlucky gentleman who simply needed an emergency ride to, say, deliver a baby.

He simply wanted to deliver the car...to himself

Continue reading "Assault, License Loss And OUI Charges Apparently Not Enough For Alleged Armed Carjacker" »

December 1, 2009

Massachusetts Assault And Robbery Lead To Arrest For White Collar Crime And Possible Federal Prosecution

Recovery from a long weekend, such as the Thanksgiving weekend we have just enjoyed, can mean different things to different people. For me, for example, it meant waking up yesterday not being able to get online and so not posting my blog (sorry about that, by the way). For Sonny T., 21, of Wareham (hereinafter referred to as the “Defendant”), it meant being in contact with his new criminal defense attorney and dealing with fallout from some alleged indiscretions over the holiday.

These indiscretions include criminal charges such as counterfeiting, armed robbery and assault.

According to the Commonwealth, the Defendant was not in the most thankful of moods last Thursday night when he met up with two people he knew at an oil change business.

Violently unthankful.

Continue reading "Massachusetts Assault And Robbery Lead To Arrest For White Collar Crime And Possible Federal Prosecution" »

November 12, 2009

Cambridge Man Suspected Of Armed Robbery, Assault And Larceny Faces Federal Prosecution

The Cambridge Police Department is on the hunt for a gentleman who may end up actually being prosecuted by the United States Attorney’s Office in Federal District Court. This time, it is a white collar crime, as well as a crime of violence, and it reads like the backdrop to the 2002 movie “Catch Me If You Can

The investigation is not a new one. In fact, the Cambridge Police issued an arrest warrant for 45-year old John B. (hereinafter, the “Suspect”) back on April 9th. While the authorities believe the Suspect is still in the area, he has yet to be caught. In the meantime, he keeps changing his identity. His primary two aliases are a gun toting federal agent and, the other, a well-dressed restaurant owner.

While the chase is on, he has been able to cheat his unsuspecting victims out of thousands of dollars.

Police say the Suspect’s method of operation is to meet his victims at their homes under the pretense of selling them a dark blue Chrysler 300. He then robs them or simply drives them somewhere, takes their money and then drives off.

Continue reading "Cambridge Man Suspected Of Armed Robbery, Assault And Larceny Faces Federal Prosecution" »

November 11, 2009

Boston Murder Parolee Is Arrested For Robbery And Assault With A Gun

As winter weather, and Christmas movies, re-enter our lives this year, we are revisited today by a ghost of winters’ past. Yesterday, a “Not Guilty” plea was entered in court on behalf of Gerald H., 47, of Roslindale (hereinafter, the “Defendant”) as his attorney stood beside him. The Defendant was recently paroled from a 18-20 years in involuntary Commonwealth housing. Now, he stands accused of, among other things, armed robbery.

The Defendant was convicted of two homicides during the Blizzard of ’78. The weapons of choice then was apparently both knives and guns. He was convicted of manslaughter for one such stabbing occurring in 1977. The other homicide conviction was for second –degree murder. The crime involved the shooting of a man during an attempted robbery by three youths, one of which being the Defendant. He had been out on bail from the stabbing at the time.

On September 3rd, the Defendant was released from the Boston Pre-Release Center in Roslindale. As of yesterday, his is being held on one million dollars bail and a parole detainer. He is charged with the robbery of more than $21,000 from and the pistol-whipping of a city cab dispatcher.

Law enforcement claims that an officer on a paid detail saw the Defendant hailing another cab, caught up with the cab and arrested the Defendant at gunpoint. Recovered were two shopping bags full of money, a .38 caliber firearm.

Continue reading "Boston Murder Parolee Is Arrested For Robbery And Assault With A Gun" »

November 5, 2009

Knife-Wielding Boston Robbery Suspect Is Arrested For Assault With Intent To Murder Charges

On Monday night, a Boston Police Officer, along with his sidekick, a valet, grabbed an alleged knife-wielding carjacker who had robbed a woman of her pocketbook. The chosen victim was a 61-year old female. Now, the suspect needs a good lawyer if he has any hopes of seeing the light of day anytime soon.

It began at approximately 7:31 pm for the officer. He was approached by a parking valet who reported that a woman was just robbed of her purse and the suspect was running down the street. The officer was then supplied with a description of the suspect and directed to the area where he was last seen.

The officer and parking valet then ran down Congress Street towards Quaker Lane where an individual was observed and identified by the parking valet as the perpetrator. As the officer approached Richard M., 48, of Boston (hereinafter, the “Defendant”). The Defendant was apparently seen to be concealing what appeared to be a purse under his shirt. The officer also observed him to have a large knife in his right hand. The officer ordered the suspect to drop the knife to which he complied. At this time, the suspect was given the Commonwealth Bracelets of Shame while the officer further investigated the matter.

Continue reading "Knife-Wielding Boston Robbery Suspect Is Arrested For Assault With Intent To Murder Charges" »

October 15, 2009

Boston-Area Schools Provide Criminal Justice Risks For Robbery Victims…And Everyone Else

As anyone feeling the weather this week can tell you, Fall is upon us. As we edge ever closer to the winter months, students around the Boston area are settling into their little piece of heaven in the Commonwealth – the campus. However, Heaven is not found here on Earth as two female Boston University students can now tell you. They were robbed at knifepoint and so now, the local police are searching for someone to introduce to defense attorneys.

It happened last Saturday while they were sitting on a bench in front of a university dorm early in the morning. The women told police that their assailant was a white male in his 20s. He approached them at around 4:15 a.m. and threatened them with a knife.

Neither woman was injured, but $50 and a pack of cigarettes was stolen.

It is unknown whether the assailant was also a BU student. University police are investigating with help from Brookline and Boston police.

Continue reading "Boston-Area Schools Provide Criminal Justice Risks For Robbery Victims…And Everyone Else" »

October 13, 2009

Four People Arrested over Brutal Boston Assault and Battery Incident on Mother’s Day that Left South End Man with Brain Damage

Police in Massachusetts have arrested four people over the brutal beating of a 29-year-old man that took place on Mother’s Day. The four who were apprehended are Roxbury residents Jumoke Marshall and John Benoit, 22, Everett resident Eric Wallace, 19, and a 16-year-old, who is also from Roxbury. The latter, however, was 15 when the beating happened and will be charged as a juvenile.

All four of them faces charges of assault and battery with a dangerous weapon, mayhem, and unarmed robbery.

According to police, the four of them ate the meal of the victim and his friend. The two parties were sitting next to each other at the New Golden Gate restaurant in Boston’s Chinatown. The four suspects then allegedly demanded that the victim and his friend pay for the meal. When the two of them refused to do so and walked away, the other four are accused of attacking the victim in an attempt to commit robbery.

At least one attacker allegedly stepped on the victim’s head at least six times before taking his wallet. The victim’s friend ran away.

The 29-year-old victim sustained a fractured skull, cracked eye sockets, swelling to the brain, permanent cognitive damage, and memory loss.

Allegations of Massachusetts assault can be frightening to face, which is why you should speak to a Boston criminal defense attorney about your case. Many criminal cases are not always what they appear to be on the surface, and an experienced Boston criminal lawyer can make sure your rights are upheld and you get the best defense possible. Some criminal cases are framed in such a way by police and the media that the cards can immediately get stacked against a suspect—unless there is someone to protect him or her.

Man's severe beating leads to four arrests, Boston Globe, October 13, 2009

Arrests made in ‘savage and senseless’ Mother’s Day Beating, Boston Herald, October 13, 2009


Related Web Resources:
Assault and Battery with a Dangerous Weapon

Mayhem

October 2, 2009

Attorney Sam's Take: Charged With A Crime In Boston - What Now?

I grew up in the Boston area. I remember, when I was a kid, my father reading the newspaper and seeing an article that a former friend of his had pleaded guilty to several white collar crimes.
Actually, the reason the gentleman was a “former” friend was that my dad was one of the victims of the alleged fraudulent acts. Until reading that article, my dad had been convinced that his friend had not intentionally misled him to his detriment, but that the unfortunate result had been simply bad luck.

Now, my dad was convinced that he had been duped. “After all”, he said, “Why would the guy plead guilty if he were not guilty?”

It sounded right to me at the time.

Years later, I became a prosecutor in Brooklyn, New York. This was the start of my real education as to how the system works.

My answer to my dad’s question has rung hollow ever since.

Continue reading "Attorney Sam's Take: Charged With A Crime In Boston - What Now?" »

September 29, 2009

Theft Of Hot Dog Leads To Armed Robbery Charges And Plea Hearing

Yesterday, as you may know, was the Jewish holiday of Yom Kippur. It is known as a day of atonement and many Jews, including this one, fast during the holiday. Perhaps it was because of the day’s lack of food that brought my attention to this particular news story.

Antonio J., 35, of Worcester (hereinafter, the “Defendant”), was apparently quite hungry on August 12, 2009. It was, after all, about 6:45pm, which is around dinner time.

The Defendant happened upon a man who was sitting under a tree eating hot dogs in the park. According to the police, the Defendant mumbled something incoherent to the man. He then made his desire known. “Eat that other dog?” the Defendant asked.

“Yes,” the man replied.

“I’m going to eat it,” the Defendant corrected him as he lifted up his shirt and revealed what appeared to be a handgun.

Continue reading "Theft Of Hot Dog Leads To Armed Robbery Charges And Plea Hearing" »

September 23, 2009

High Bail Set ForHome Invaision Defendant Facing Assault, Kidnapping and Driving Charges In Two States

John K.,27, of Malden (hereinafter, the “Defendant”) is going to have to come up with a lot of money if he wants to go home…unless his lawyer puts in for a bail appeal. Last week, the Taunton District Court judge ordered that be held on $500,000 bail on charges stemming from a Rehoboth home invasion last week.

The Defendant is charged with a collection of charges, including home invasion, assault with a dangerous weapon, armed kidnapping, unlicensed possession of a firearm and masked robbery with a firearm a bit over a week ago in Taunton.

While the details of the incident have been sealed by Judge Richard Savignano, an unusual move in itself, the police have disclosed some information. They claim that the Defendant broke into a home . on Friday at about, bound and robbed a female resident at gunpoint and then drove off in her car.

Rehoboth Police Chief Stephen Enos said the incident appeared to be a random crime. Apparently, however, the spree did not end there.

Continue reading "High Bail Set ForHome Invaision Defendant Facing Assault, Kidnapping and Driving Charges In Two States " »