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.

Medford Woman Arrested For Domestic Assault Turned Homicide-Attorney Sam’s Take

There are certain times that tend to promote domestic violence. Assault cases between family members, for example, seem to rise around the holidays. Is it the drinking? The being cooped up with one’s loved ones that makes one want to kill them? This varies.

Winter storms, such as the one we are experiencing at the moment also tend to bring about such crimes..

Today’s blog, though, is about a woman who apparently could not wait until the storm outside. Allegedly.

Shawntina Burston, 39, of Medford (hereinafter, the “Defendant”) has been charged with assaulting her husband. Said husband was transported to Lawrence Memorial Hospital. There, he was pronounced dead.

The Defendant is accused of attacking her, now ex, husband with a knife. She is scheduled to be arraigned today in Somerville District Court.

There is a veil of horror which shrouds murder cases, regardless of which side of the aisle you are on. I learned that years ago when I was prosecuting homicide cases and it continues today as I defend those charged..

In many such cases, one cannot help but turn away amazed at how one moment…one very bad moment…can end one life and shatter many others;.

You see, many homicides are far from planned. Some result from a stupid mistake. Some come from a complete accident. Others come from a moment of fear or rage.

The facts , or specific allegations, have not yet surfaced in the Defendant’s matter.

While, often, prosecutors like to allege some well-thought out murder plot, it usually does not happen that way. Particularly when the death results from some kind of argument at home. In fact, some such killings result from a situation where, had the death not occurred, we would have treated the defendant as the victim. After all, the laws regarding what force is allowed to be used varies.

For example, if you attack me with a gun, and I shoot you first, I am likely to be seen as simply defending myself. However, if you pick up a sharpened pencil and charge at me and I pull out my Uzi and riddle you with bullets, I am going to be charged. The sharpened pencil attack did not give me the right to blow you away in several pieces.

The laws surrounding homicide cases can be complex and those involved are always emotional. If you have the bad fortune to find yourself entangled in the web of one, you want someone who has the experience, preferably on both sides of the aisle in dealing with them to guide and defend you.

If you would like to discuss a homicide case with me, please feel to call me to arrange a free initial consultation at 617-492-3000.

To view the original story in which parts of this blog were based, please go to : http://www.boston.com/news/local/breaking_news/2011/01/one_arrested_in_2.html

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