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.

Revere Man Charged With OUI Plowing And Assault With A Dangerous Weapon (The Plow) – Attorney Sam’s Take

This winter has presented us with various seasonal weathers…from seemingly Alaskan blizzards to mild Massachusetts spring. It is enough to confuse and to irritate anyone. Apparently, Michael Ciarlone, a 54 year-old Revere gentleman (hereinafter, the “Defendant”), is someone who indeed lost his “cool”.

Allegedly.

According to the Commonwealth, it started when the Defendant used a pickup truck and plow to push snow around a car he believed had parked in his spot on January 14th. When the car’s owner and others came outside, the Defendant is said to have shouted at them and then backed into one man with the truck. Finally, the Defendant is accused of kicking that man in the head and later punching another man in the face, breaking his glasses. According to the Commonwealth, the Defendant was inebriated at the time.

Both recipients were apparently treated for injuries at the scene.

The Defendant was treated to a later arraignment in Chelsea District Court for various charges, including assault and battery with a dangerous weapon, malicious destruction of property, and operating under the influence of alcohol.

At arraignment, the defense denied the charges and argued that the Defendant also was injured in the fracas. In fact, he had been taken to a hospital with a bone fracture on his face. Counsel also alleged that the medical records indicated that the Defendant had not been drinking at the time of the accident.

Over the many years in which I have been practicing criminal law, I have found that many, if not most, assault-type cases take place in the heat of the moment or, as I prefer to describe it, “one very bad moment”. It is the emotion of such a moment that alter, and sometimes end, lives.

In the instant case, I am not aware of what, if any, history existed between the people involved. Generally, the two things that dictate who gets the label “victim” and who gets called the “defendant” are who gets to the police first and who is more injured.

Here, two men were injured as well as the Defendant. Everyone was injured. However, it was the two men who were declared the victims and the one man (the Defendant) who got charged.

As you can see, math does not always rule in the criminal justice system any more than logic does.

In any event, one moment of losing control can result in felony criminal charges. Assault and battery with a dangerous weapon is a felony charge, for example. You may have been surprised to see the Defendant charged with drunk driving. Driving any motor vehicle in a public way under the influence is a crime. That includes plows.

Apparently, there is nothing here to indicate that he tried to out-run, out-wit or out-fight the police. This was an example of taking a bad situation and, while you could make it worse, taking the better part of valor and minimizing damages.

Thus, the Defendant is free today answering to the pending charges.

So, while there are things the Defendant may have done that you might not want to do, copy the one thing he did right. Do not challenge the officers. Keep the peace until you can retain and experienced criminal lawyer to act on your behalf.

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

To view the original story, please go to : http://www.boston.com/news/local/massachusetts/articles/2011/02/17/revere_man_charged_with_assault_on_neighbors/?p1=Local_Links

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