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.

Framingham, Massachusetts Man Arrested for Anti-Gay Attack Pleads Not Guilty to Assault and Battery with a Dangerous Weapon

In Boston Municipal Court, Fabio Brandao, the Framingham man charged with assault and battery with a dangerous weapon and four civil rights violations in the suspected hate crime attack on three gay men and their female friend, says he is not guilty of the charges. He was released on Tuesday after paying a $10,000 bond. Brandao was ordered to stay away from the victims, as well as Boston’s South End area. For now, he must also stay in his home between 10p to 7am every night.

According to the victims, a car pulled up next to them in Boston’s South End on August 24. The four men inside the vehicle started yelling homophobic slurs before getting out of the vehicle and attacking them.

Two of the male victims sustained concussions. One man had deep cuts over his eye and on his temple. Both men don’t remember being attacked. Jenna, the woman who was attacked, says she is traumatized by the incident. The other man did not sustain any physical injuries.

The license plate number on the vehicle led Boston police to Brandao, whose cell phone was also found at the crime scene. Brandao’s criminal defense lawyer says that even though evidence places his client at the scene, this does not mean that he was involved in the assault.

According to the Mass.gov Web site, hate crimes in Massachusetts should be charged under three statutes, including:

Civil Rights Criminal Statute, G.L. c.265, Sec. 37 Hate Crimes Penalties Act, G.L. c.265, Sec. 39;
Generic Crime Statute

Also called a bias crime, a hate crime is usually committed against a person, group, or property. A major reason for committing the crime is because of the parent’s race, sexual orientation, religion, disability, or ethnicity.

Suspect in South End anti-gay attack pleads not guilty, BostonHerald.com, September 2, 2008
Suspect in Boston anti-gay attack pleads not guilty, EdgeBoston.com, September 3, 2008

Related Web Resources:
Information on Charging Hate Crimes Under Massachusetts Law, Mass.gov
Hate Crime, FBI
Contact Altman & Altman LLP for your free consultation with one of our experienced Boston hate crimes lawyers. You are entitled to a proper defense against all criminal charges.

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