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.

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.

Officers interviewed the 61 year-old complainant who stated that she had her vehicle returned to her by the valet service when she was approached by a white male who pushed her out of the driver’s seat and into the passengers’ area. The suspect entered her vehicle and sat in the driver’s seat. She began to scream and the suspect punched her and removed a large knife and slashed at her. The complainant indicated that she sustained a laceration on her hand as a result. When she attempted to scratch the suspect’s face and he ordered her to shut up or he would kill her. She got out of the vehicle while the suspect was attempting to locate the car keys. At this point, the valet came to her aid and attempted to remove the carjacker from her car. The suspect stepped from the vehicle and swung the knife at the valet before grabbing the victim’s purse and fleeing on foot. The valet pursued the suspect and observed him to enter an un-occupied vehicle on Washington Street and attempt to steal it. The valet again confronted the suspect causing him to exit the vehicle and continue to flee.

The Defendant was positively identified and placed into custody. He faces charges of Assault with Intent to Murder on a Person over the age of 60, Kidnapping and Armed Robbery (second & subsequent offense).

Attorney Sam’s Take:

I do not think it will be a shocker to suggest that the Defendant is in a lot of trouble. In fact, he is probably looking at additional charges being added down the road such as possession of the weapon.

First, let’s deal with his bail hearing. At this point, he faces a second and subsequent charge of Armed Robbery. This, of course, means that this is somewhat familiar territory to him. This brings about mandatory minimum sentences into the picture. Naturally, his other charges are felonies as well. He is likely to be indicted. Now, add this to the fact that he has shown a tendency toward trying to get away…although, to his credit, he did stop when ordered to do so by the officer. Facing these factors, if he gets bail at all, it will be quite high. Given his history, however, the Commonwealth is likely to argue that he is a threat to the community and request that he be held without bail while they present the matter to the Grand Jury.

The Defendant, if guilty, has attacked someone over the age of 60. She, like children, is in a special category of victim. Because she is perceived as one of the weaker among us, the case is treated more seriously.

By the way, do not think that he will not be charged with attempting to steal the cars. The fact that he failed merely means that he gets charged with attempting to steal them.

The situation looks bleak for the Defendant in this case, although there is already a potential issue that may present itself to most of you – the identification.

The identification of the Defendant is likely to be an issue as to, at least, the complainant. After all, what most likely happened is that he was siezed, brought, cuffed, back to the woman and, upon seeing him with the officer and valet, picked him out.

Not the strongest of motions, though.

The officer will testify that he was seen with the pocketbook. The valet will say that this was the same guy he had chased out earlier (only, now, in another vehicle).

Of course, I suppose the argument could be that he picked out the wrong carjacker…!

Like I said before, the Defendant is in trouble. Potentially around 20 years worth of it.

It is trouble to which there is one potential solution. An experienced and gifted criminal defense attorney is needed to examine the matter for weaknesses, determine what went on here from the defense perspective and act accordingly.

Should you find yourself or someone you care about to be facing such an unfortunate situation and wish to discuss the matter with 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://bpdnews.com/

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