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.

SPRINGFIELD MAN CHARGED WITH GUN POSSESSION AND ASSAULT AND BATTERY ON A MINOR

Edwin Perez was a 24-year-old man of Springfield.The other night, he was sitting in a chair outside with an infant on his lap. Today, he stands accused of assault and battery charges as well as gun possession.

I thought that the tale of Mr. Perez (hereinafter, the “Defendant”) was a suitable follow-up to yesterday’s Attorney Sam’s Take. It illustrates another example of a somewhat unusual assault and battery case.

As the Defendant sat with the infant, someone had complained to the Massachusetts State Police that he possessed a weapon. The officers went to investigate.
According to the officers, as soon as the Defendant saw them approach, he “immediately threw the infant to the ground” and ran.

As usual, he did not get far. The troopers chased him. The Defendant is said to have then pulled a loaded gun from his waistband, and tried to fight off officers in a “violent struggle”.

He did not win the struggle.

The officers arrested the Defendant and recovered the gun, a 9mm Smith and Wesson which had apparently been stolen from Hartford, Connecticut.

The infant, whose relationship to the Defendant was not detailed, was taken to Mercy Hospital, and was treated and released for what state police called minor injuries.

Attorney Sam’s Take On Assault, Battery, Infants And Cops

It will probably not come as a shock to you that the Defendant is facing a number of charges. Among them are unlawful possession of a firearm, resisting arrest, assault and battery on a police officer and disorderly conduct. The Commonwealth is also “actively investigating” charges of the assault and battery of a child, state police said.

Clearly, one of the chief issues in this case is going to be that of search and seizure. Namely, did the officers have the right to chase, and capture, the Defendant. While there might be an issue about whether they had probable cause to stop him based on the gun report, it is noteworthy that he then committed a crime right in front of them.

Throwing an infant to the ground is not highly thought of in the Commonwealth.

For today, let’s look at that toss as well as the other assault charges which the Defendant now faces.

The charges for offenses against the officers are obvious, if repetitious.

By running and struggling with the police, no matter how much, he is charged with resisting arrest. By hitting an officer(s), he is awarded the additional charges of assault and battery on a police officer. Of course, the entire situation is offensive to the police, and so he gains the crowning achievement of a disorderly conduct charge.

By the way, not to be repetitive myself, but to remind you of the bad judgment of trying to out-run and out-fight the police, I should remind you of what defense attorneys routinely find to be the actual difference between resisting arrest and assault and battery on a police officer. Generally, if the defendant has really angered the police and is beaten pretty badly, the charge is assault and battery on a police officer; otherwise it is resisting arrest.

The Defendant got both. He must have really earned that disorderly conduct charge!

The, as yet, unnamed charges relating to throwing the infant should really be no mystery. Whether or not the Commonwealth specifies the fact that the alleged victim is an infant, it is assault and battery. Technically, though, this might raise some legal argument.

At the time this story broke, the relationship between the infant and the Defendant was unknown …or, at least, unreleased by law enforcement. However, let’s assume that the Defendant legally was holding the infant and that it was not simply the middle of a kidnapping. If that is the case, Therefore, the holding was not any kind of an assault. However, the child was allegedly thrown in the process of fleeing from the police. It is, at least, a battery in my opinion…and I willing to bet that the Commonwealth will agree.

There are plenty of other charges which the Commonwealth could bring against the Defendant for the throwing of the child due to the child’s age.

It just goes to show you how much trouble you can get into when you do not take my advice and try to run/struggle with police. If they had simply gone and searched him, the gun may well have been suppressed and that would have been that.

Always good to, at least, listen to legal advice. That’s why, albeit little late, the Defendant should be trying to find a creative and experienced criminal defense attorney at this point.

Is my number posted clearly enough?

For the original story upon which this blog is based, please go to http://www.bostonherald.com/news/regional/view.bg?articleid=1061159831&srvc=rss

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