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.

TEN THINGS TO REMEMBER WHEN EXPERIENCING ROAD RAGE

Alexander Nguyen (hereinafter, the Defendant) has been arrested. Monday was his entry date to the criminal justice system.

The Defendant faces charges charges of assault and battery causing serious bodily injury, threats to kill, disorderly conduct, and disturbing the peace.

It was a “road rage” event.

According to Boston.com, the Sharon Police Department reports that the Defendant, 21, engaged in the actions at issue on June 12th. They say he got out of his black Acura MDX and “assaulted the victim while the victim’s children watched from the back seat.”

The Defendant is said to have left the scene and Sharon police posted a description of the suspect on its Facebook page on Friday. On Saturday, Nguyen showed up at the police station, where he was arrested, according to police.

The Sharon police is celebrating the event. They are thanking the public for sharing thier original post about the incident, saying Nguyen was arrested, in part, due to the public’s assistance.

Me? As happy as I am to see concerned citizens pitching in, I have another perspective.

Attorney Sam’s Take Thoughts You Should Think Before You Let Your Temper Explode.

We have discussed many times in the past how one bad moment can ruin the rest of your life and perhaps that of others. This case is a good example.

I don’t know whether the Defendant has any prior record. However, I have handled many cases where similar events have taken place and the person arrested had no prior record. While the lack of a prior record is helpful, it does not prevent serious criminal charges as in this case.

True, people can anger you sometimes. True, traffic deeds and misdeeds can be extremely enraging. However, the law figures that if you are old enough to drive a vehicle, then you are old enough to control your temper. In fact, if you are not old enough to drive a vehicle, you are still considered old enough to control your temper.

As you might have already noted, the key here is that you have to control your temper.

Here are a few things to keep in mind when you watch choosing whether to “get” that SOB who just ticked you off :

1. If you cause any physical damage, no matter whether you were originally “right” or “wrong”, you will likely be charged with a crime.

2. If you leave the scene after any physical damage takes place, no matter how slight that damages, you are looking at being charged with leaving the scene of an accident. This is a serious charges well

3. If you so much as tap the person angering you with your vehicle, you will be committing assault and battery with a dangerous weapon. This is a felony. It does not matter whether or not they are our injuries. It does not matter whether or not you were originally “right”.

4. If you get angry and, feeling provoked, strike that person, you will have committed a crime. It’s true, that your defense might be that of self-defense. However,is unlikely
To prevent criminal charges from coming in the first place. Even if you both end up being charged.

5.  If you have an altercation like the one here, it is not a good idea to simply flee. You will likely end up being identified and your problems, and criminal charges, will worsen.

6. Crimes which involve your motor vehicle will likely result in your losing driving privileges for a time.

7. Shouting at someone is not very nice. Threatening them is not very legal. It is a crime to threaten to commit a crime.

8. If you simply yell in a threatening manner, and put the recipient in reasonable fear that he is about to get clobbered, you can be charged with assault. If you actually touch that person, no matter how slight, you have also committed a battery.

9.  If there are families, children, old folks or the infirm with your perceived adversary, there will be even worse consequences to you if you ignore the above.

10. If you showed the bad judgement to get into an altercation like this but the good judgment to stay until law enforcement comes, do not ruin it by taking an attitude with the police when they arrive

The best legal advice?

A deep breath!

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