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.

BOSTON POLICE ARREST THREE IN MORNING OF KIDNAPPING, ASSAULT AND GUN CRIMES

Early last Wednesday morning was a busy time for the Boston Police Department. As a result, three gentlemen from Dorchester, Roxbury and West Roxbury now face various criminal charges in connection with various Massachusetts felonies.

It was last Wednesday morning, prior to 1:00 a.m. An officer says he heard shots fired and then the screeching of tires and acceleration of an engine in Boston’s Selden Street area . He then observed a black 2002 Nissan Maxima speeding by. The officer reports that he tried to stop the car, which accelerated to 60 miles per hour in a residential area. The chase continued and the Nissan is said to have accelerated to over 80 mph during the chase.

Lawrence Perryman, 20, of Dorchester, was behind the wheel of the Nissan. A witness told police that while on Crowell Street, two individuals had been shot at by a black male in a black vehicle, police said. A gunshot victim admitted himself to Carney Hospital with a non-life-threatening injury around the time the officer began pursuing Perryman in the black Nissan.

Perryman was held at gunpoint until he was arrested. Police found that Perryman’s driver window was open, and subsequently found a silver revolver with a black handle in front of 630 Gallivan Blvd., police said. The weapon had damage consistent with being slid across the pavement.

Around the same time, officers were flagged down by someone who reported being kidnapped and robbed by two armed suspects, the statement said. According to the statement, the complainants were allegedly walking down Blue Hill Avenue when they were approached by the suspects in a “white school van.” The suspects are said to have produced a gun and forced the victim into the van at knifepoint, police said.

The victim was driven to the area of Burrell Street, robbed of an undisclosed amount of cash, and then let go, according to the statement.

Officers located the van on Stoughton Street based on its description, and it was soon brought to a stop. The suspects were identified and arrested, police said.

Mr. Perryman was charged with assault with intent to murder, possession of a firearm, violations of the firearm laws, and motor vehicle crimes, according to a statement from the Boston Police Department for the morning’s festivities.

The other two gents, Kevin Ford, 38, of West Roxbury, and Joseph Hofges, 36, of Roxbury, were awarded with multiple charges, including armed robbery and kidnapping, in the second incident.

Attorney Sam’s Take On Massachusetts Guns And Violent Crimes

None of the various alleged criminal acts mentioned in today’s Boston Criminal Lawyer Blog are particularly slight indiscretions. Most of them are Massachusetts violent felonies. However, adding a deadly weapon, particularly a gun, into the mix makes the matters more serious immediately.

A case can take place of some seriousness in the Commonwealth and, yet, it might stay in District Court and be prosecuted there. Add a gun into the mix and the case is going to get special attention.

“Well, that makes sense, doesn’t Sam? I mean, guns are illegal, right?”

Not always. A person can be duly licensed to carry a firearm. However, if that person is legally carrying the gun and something happens and the gun becomes involved (even if no one is hurt or killed), the matter becomes a bigger deal.

When guns are involved, the Commonwealth becomes concerned with not only what did happen, but what could have happened.

The reason, of course, is obvious. It is very easy to kill or seriously injure someone with a gun…even unintentionally. It can happen by accident. It can be the result of a lost temper. In fact, I have seen cases where someone pointed a (unloaded) gun at another person allegedly because he was fearful of that person and ended up serving time because of what could have happened.

“But, Sam, the gun was not loaded!”

Yes, but the complainant (and his family who was there as well by the way) did not know that. As the court mentioned during sentencing, the complainant could have had a heart attack as a result of the fear.

And, yes, if he had, the defendant would have been held responsible.

Unintentional? Sure. But a Massachusetts homicide nonetheless.

Speaking of unintentional homicides, let’s revisit the Michael Jackson case next, shall we?

To view the article upon which this blog is based, please go to http://www.boston.com/Boston/metrodesk/2011/11/boston-police-make-arrests-shooting-kidnap-attempt/xc3Q2brTzCf6Xzi6vyIfiN/index.html?p1=News_links

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