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 Boston Criminal Attorney Discusses MA Assault And Battery With A Dangerous Weapon Case

Last Friday morning, Boston was the scene of an alleged attack upon a street cleaning vehicle. This was a felony –type assault, complete with dangerous weapons.

The identity of the suspects, though, might surprise you.

Both gentlemen, Craig S., 23, and Piero P., 26, (hereinafter, collectively, the “Defendants”), are from Lynn. One of the two is a bank manager.

Well, at least, he was

Anyway, the Defendants have pleaded “not guilty”. The case is currently pending at the Boston Municipal Court.

According to the prosecution, The Defendants were arrested by Boston police around 1 a.m. after they allegedly attacked Warren M., (hereinafter, the “Complainant”), the driver of a street cleaning truck.

The Complainant told the police that he had been driving the wrong direction down Surface Road when a white Cadillac Escalade pulled up in front of him, blocking the street. The Defendants are said to have gotten out of the SUV and attacked the Complainant with a hammer and a football.

According to the Complainant, the Defendants then drove off. However, police later located their vehicle near North Washington Street and stopped it . Inside it, police say they found a hammer in the driver’s side compartment and a football hidden beneath a jacket on the floor

Now, along with pleading not guilty, the Defendants apparently deny that the event even took place, according to the attorney who represented both Defendants at their arraignment.

The court set bail at $1,000 cash for one of the Defendants, and $2,500 cash for the other.
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Authorities were not immediately able to describe what sparked the confrontation. I would imagine they would say that the “investigation is ongoing”.

The Complainant was treated and released for cuts and bruises at South Shore Hospital in Weymouth, prosecutors said.

Attorney Sam’s Take:

“Sam, I guess I can see the hammer as a “dangerous weapon”…but a football?”

Virtually anything can be a dangerous weapon under our law. In this case, the football was allegedly thrown at the Complainant’s face. In other words, it was used as a weapon.

You may have noticed that one attorney represented both defendants at the arraignment. There are various rules about such a thing, because of the potential conflict of interest. Generally, this would mean that the attorney may not represent either defendant in the case from here on in. After all, to prepare for the bail argument, he had to interview both defendants and so was privy to confidential information. Should the defendants turn on each other in some way, there could be a conflict of interest.

Such a potential conflict can be waived, however, by the defendants. It is a better practice that each defendant have his own attorney.

Of course, I am not involved in this case in anyway, so I couldn’t tell you where the truth lies here. However, one does not see very many bank managers arrested for assault and battery. It does illustrate, however, something that is often said in this daily blog.

One moment. One bad moment. That’s all it takes.

Maybe it was someone else’s moment and you are being blamed for it. Perhaps it was yours…you just lost your temper and reacted in a way that you would never do.

It does not matter. Once the Commonwealth decides that you did it, you are in the jaws of the criminal justice system. The only question left is how much damage it will cause your life.

Your best bet? An experienced criminal defense attorney to guide you, advise you and represent you.

Should you wish to discuss a criminal case with me, please feel free to call me to arrange a free initial consultation at 617-492-3000.

For the original story upon which today’s blog is based, please go to http://www.boston.com/news/local/breaking_news/2010/09/men_accused_of_1.html

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