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.

Duxbury Woman Is Assaulted By Hanover Drunk Driver – Attorney Sam’s Take

Mike Hennebury, a 37-year-old man from Hanover (hereinafter, the “Defendant”) is in trouble as this week comes to a close.

According to the police, the Defendant was on his merry way Tuesday night, driving drunk, when he ran off the road. Say what you will about the Defendant, he is apparently consistent. He has had three prior drunk driving cases in the past.

When the Defendant left the comfort of pavement, he ended up in the front yard of a home in an otherwise peaceful Duxbury neighborhood. There, his car came to a rest and was apparently having difficulty moving. Yes, it was stuck in the snow.

The good news is that a nice 72-year-old woman came out of her home, concerned that he needed help.

The bad news is that he apparently did not want any help. He really did not want any help!

According to law enforcement, the Defendant expressed this lack of desire by knocking the woman down and kicking her in the face with his boots (aka a dangerous weapon – shod foot).

The woman was finally able to make it back into her home, where she called the police. Meantime, the Defendant stayed where he was…stuck among the snow mountains.

He was not difficult to find when the police arrived.

The Defendant is looking at a host of charges, including the felonies of assault and battery with a dangerous weapon and assault and battery on a person over 60. This being his 4th OUI, he will be looking at additional time, under Megan’s Law, should he be convicted of that.

Lord help him if he was on probation at the time…!

As you know, I have been practicing criminal law for over a quarter of a century. That not only makes me old, but it reflects many years of experience handling all sorts of criminal cases.

The reality of “no good deed goes unpunished” is not terribly new to me.

“Well, Sam, it sounds like this guy was crazy! Is that likely to be his defense?”

Maybe. However, the Commonwealth will indicate that he was not insane…merely drunk.

“Well, if he was so drunk he did not understand that it was an older woman and she was trying to help him…doesn’t that mean that mean that he was sufficiently removed from reality so as to make it impossible for him to intend to assault the woman?”

Well, no. Not unless, perhaps, his body was flailing this way and that in a seizure or something that made his actions truly involuntary. However, there could be issues with this as well because voluntary intoxication is not a defense.

“Self-defense?”

Yes, good luck with that.

In the past, I have reminded readers that, when they are pulled over by the police, not to try to outwit, outrun or outfight them. Perhaps this is a good time to remind everyone that that goes for non-police too. Especially the last one. No need to beat up on the elderly when they come out to inquire.

To put it in ther perspective of this week’s blogs, it is bullying of a different sought. And the laws against this kind have plenty of teeth!

Somebody needs a very experienced criminal defense attorney here, and it is not the woman.

If you find yourself sobering up from such an episode and find that your wallpaper suddenly has bars on it, get one of those. If you would like it to be me, please feel free to call me to arrange a free initial consultation at 617-492-3000.

In the meantime, have a great, safe and law-abiding weekend!

To view the original story, please go to : http://boston.cbslocal.com/2011/02/10/duxbury-police-say-senior-citizen-woman-beaten-by-drunk-man/#

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