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.

A Night Out In Boston Results In Charges Of Rape, Attempted Murder And The Need For A Lawyer

Chris W., a 22-year-old Hanson man (hereinafter referred to as the “Defendant”) spent some time in court this week and undoubtedly got to meet a nice new criminal defense attorney.

The visit was occasioned by some pretty serious felony charges.

You see, apparently the Defendant and a young lady (hereinafter, the “Complainant”) went to Boston Saturday night. They went back to Hanson later and that is where the trouble is said to have started.

Apparently, the Complainant and the Defendant had an argument in her Hanson home. The women told police that the Defendant then went into her basement bedroom and forced himself on her, putting his hand on her mouth to muffle any screams. He then grabbed a plastic bag and put it over her head and lifted her up. As she tried to flee, he then is said to have thrown her to the floor and, banging her head against a wall and dresser, said, “You’re lucky to be alive, and I should kill you.”

Fascinatingly, the Complainants’ parents were upstairs the entire time sleeping.

The police were called and, Saturday morning, they arrested the Defendant, who also lived in Hanson.

At Monday’s arraignment, the Defendant pleaded not guilty and learned that he was being charged with rape, attempted murder, assault and battery and making threats.

His bail was set at $3,000.

Attorney Sam’s Take:

This matter is likely to be indicted, which means it will be moving to superior court. The assault is considered to have the intent to murder because of the plastic bag over her head and, of course, the threat. In fact, he is likely to have more charges added when indicted such as “assault with a deadly weapon“(the bag).

The parents being upstairs is likely to be an interesting twist to the case. The defense will argue that the incident could not have happened because it would have woken the parents up. The prosecution will argue that this was why he kept trying to silence her and that, to some degree at least, it worked.

In some cases, a “view” is sought and allowed by the judge. A view is when the jury gets a field trip. The jurors, attorneys, defendant and judge go to the location to actually see the location for themselves. Generally, there is no argument, testimony nor conversation while in the location. This could be one of those occasions where the court believes that the jury’s actually visiting the site would help them.

“Date rape” is a crime that was virtually unheard of many years ago. Basically, it is what it sounds like, a rape that occurs on a date. In the old days, I suppose there was an assumption that if a woman was on a date with a guy, particularly if she brought him to her house afterwards, she was “asking for it” or something ludicrous like that.

Fortunately, this is an area in which we have grown up a little. Obviously, “no” means “no” regardless of the circumstances. Of course, are all accusations of rape true? In my experience‚Ķno. In fact, we have heard of many false allegations which were later recanted. Of course, we do not know the truth in this matter. That’s what trials are for.

When accused of such a crime, of course, one’s life can become shattered, whether guilty or not guilty. Jobs are lost and the old “assumption of guilt while presumed innocent” experience begins and can last a lifetime regardless of the verdict. Conviction in this matter could easily result in 15 years or more in state prison.

If you, or someone you care about, are either being investigated for such charges, or have been already charged, you want to have an experienced criminal defense attorney by your side as soon as possible. You need someone who will take the time to truly represent you and to help you through the nightmare of criminal prosecution.

If you wish to discuss the matter me, please feel free to call me at (617) 206-1942.

For the full article upon which today’s blog is based, go to http://www.959watd.com/news.php?Hanson-Man-arrested-and-charged-with-rape-2334

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