Articles Posted in Domestic Violence

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Whether you are involved in a bar fight one argument which took turned physical
at home with your spouse or partner you may find yourself charged with domestic assault
and battery and in the Boston District Court wondering what to do.   It is
important to understand that if the police respond to a home where there is an
allegation that someone was hit or if they see an injury and believe it may have
been caused by an assault they are ordered to take action and to make an arrest.
Many times the alleged victim pleads with the police to not make an arrest and
claim that nothing happened. The police will ignore the alleged victim and will
make an arrest if someone has reported to physical assault or the view an injury
that appears to be an assault, the police do this to avoid the situation
escalating and them responding later to an even more serious situation where
someone is injured even worse or killed. The last thing the police want is to
leave a scene which may become explosive only later to find out that it did and
it will be known that they responded and did nothing in the earlier instance. So
they cover themselves and also make sure they protect a person from further domestic abuse by making an arrest based on a mere allegation.  But it doesn’t end there, the prosecutor will seek to prosecute the a charge of assault and battery on a family or household member which is treated as a domestic violence case.  The charge is pursued even if the alleged victim says that they lied and nothing happened.  They will go forward even without the victim if there is any independent evidence that an assault occurred. Independent evidence may be other witnesses who saw what happened, visible injuries or anything else which can be used as evidence that an assault took place especially any admissions by the suspect..

Assault and battery with a dangerous weapon is a charge of assault with some
type of device which can be considered dangerous. A foot in a shoe used to kick
someone can be considered a dangerous weapon.

Simple assault and battery is a physical touching against another person against their will no matter how slight. So even if you did not harm a person all that is needed is a touching without their permission. This is charged usually when there’s a fight between two strangers at a bar or on the street. Aggravated assault and battery is when an assault occurs which leads to serious injuries, this charge carries enhanced penalties because of the aggravated injuries. Other charges can take the form of assault and battery on an elderly person, assault and battery on a disabled person or an emergency personnel or police officer while in the line of duty.

If you find yourself arrested and charged for any of these offenses you need to
call a Boston criminal defense attorney to represent you and protect your rights
throughout the case.

If charged with assault and battery on a household or family member you may be ordered to stay out of the home if you were released. You need an
experienced criminal defense attorney to argue on your behalf so that you are
released on bail with the least restrictive conditions possible. Many spouses
find themselves kicked out of the home by the court without any recourse. A
Boston criminal lawyer can fight to make sure you have the right to either stay
in the home or at the very least obtain your belongings so that you can continue
work and deal with the situation as best as possible.

As a Boston criminal lawyer Frank Fernandez has represented clients charged
with assault and battery on a household or family member as well as all other types of assault charges mentioned above. Attorney Fernandez has been able to achieve excellent results including dismissal of the case while also obtaining the best results when it comes to bail hearings and conditions of release for his

If you were charged in Boston Municipal Court or in Suffolk, Middlesex, Norfolk, Essex and any other county feel free to call to receive a free consultation from attorney Frank Fernandez. Call now 617-393-0250.

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Ross Currier, 26, an accountant was seen in the North end of Boston playing basketball by a woman who had been recently sexually assaulted. She told police that she was 90 to 95% sure that he was the man who assaulted her. Currier was arrested and charged with sexual assault, he was released on bail and forced to wear a GPS bracelet on his leg this past month.

It was only after his alibi checked out through independent witnesses that the prosecutor agreed that they had arrested the wrong man. The case was dismissed in Boston Municipal Court and Currier made a statement to the press requesting someone take responsibility for what happened and apologize.

This incident is a strong reminder of how eye witnesses and victims can misidentify a suspect very easily. What happens in a traumatic moment can be remembered far differently than what actually occurred. Our brains process and remember sensory input differently and memory accuracy is affected by stress and anxiety.

The police are acting on what they believe is accurate information from a victim who appears to be sincere in her identification. But what happens when a victim does not remember or misidentifies a suspect? It leaves the suspect with the burden of proving his innocence.

Misidentification happens all the time and it was not until DNA testing that many misidentified prisoners were released after it was discovered that they truly were not the ones who perpetrated the crime in question.

It is important to understand the human brain is not perfect and can only take in and recall sensory data in a limited manner which varies for each of us. High stress or a frightening event make it even harder to accurately take in or recall sensory information. Once time passes events can be manipulated in the mind without even knowing. A victim may truly believe in a sequence of events or an identification when asked to recall not knowing they have in fact changed the events in their mind to make sense. The same event can be recalled by multiple witnesses in different ways, this happens all the time.

Frank Fernandez a criminal lawyer in Boston defends people accused of crimes who have been wrongfully identified. Experts are used to educate the jury as to the pitfalls that exist in identification and how just because someone sincerely believes they are sure of a situation that it may not be the case. For a free consultation call 617-393-0250
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On December 29, 2011 Salem Massachusetts a young couple was an argument while driving down Federal Street witnesses say the man began to beat his 18-year-old girlfriend in the car. When someone approached the vehicle to help the young woman tried to exit the car and got her legs stuck on the seat the driver took off dragging his girlfriend 400 feet down the road.

The woman eventually broke free the man drove over her left arm breaking it. Soon police found the woman with visible injuries on her face and road rash on her right side, her left arm was broken.

Salem police were able to identify the boyfriend is Daniel Rodriguez, 22, of Jamaica Plain Boston. They are currently trying to find him.

Frank Fernandez is a Boston criminal lawyer who handles assault and battery cases. Domestic assault and battery in Boston is a problem which is treated seriously by the police and the Commonwealth. If you’ve been the victim were charged with assault and battery, domestic or not or have been charged with assault and battery with a dangerous weapon feel free to call for a confidential consultation.

Speak now with a Domestic assault and battery lawyer in Boston and receive a free consultation.

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This took place after a national effort to find and remove illegal immigrants with prior criminal convictions some with multiple criminal convictions. US immigration and customs enforcement better known as ICE conducted a nationwide sweep that lasted seven days which detained immigrants with felony convictions such as: manslaughter attempted murder, kidnapping, armed robbery, drug trafficking, child abuse, sexual crimes and aggravated assault. ICE named this operation crosscheck and said it was the largest of its kind involved over 1900 officers and agents from the 24 field offices with police organizations offering assistance.

19 arrests occurred in Boston, many of those arrested were already considered immigration fugitives in that they had been previously ordered removed from the country but failed to leave, some had been previously deported and had reentered illegally.

Some of those arrested were presented to both local and federal authorities for criminal prosecution at least 146 of those arrested were being considered for prosecution on a variety of charges including illegal reentry after deportation a federal charge which can carry up to 20 years in prison.

There has been a lot of press lately related to illegal immigrants and criminal conduct within the state of Massachusetts. Recently there’ve been at least two arrests for OUI, which is operating under the influence or drunk driving, one incident which led to the death of an innocent third party these accidents were caused by illegal immigrants driving without a license. Massachusetts does not allow for someone to obtain a license unless they have a Social Security number making it impossible for illegal immigrants to attain a Massachusetts driver’s license.

By 2013 ICE or immigration customs enforcement will be receiving notification from all local state authorities as to the arrest or stop of any person suspected of being in the United States without proper documentation. Many are calling for Congress to take action and reform the current state of affairs as it stands for illegal immigrants who have been living and working in this country while raising families. The recent arrests of illegal immigrants have brought this topic to the forefront in Massachusetts. There are staunch advocates on both sides. The one thing that remains clear is that congressional action must be taken to clarify and establish a clear set of guidelines and expectations for those illegal immigrants who have lived in the US for many years. Without clear guidelines they will continue to be growing communities of people without any legitimate status to work, drive or vote throughout all of the United States.

Frank Fernandez is a criminal defense attorney who practices in the Latin community in Massachusetts. He also provides representation in civil litigation matters such as personal injury and medical malpractice cases. He can be reached for free consultation at 617-393-0250.

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Michael Ciarlone, 54, is accused in Chelsea District Court of using his truck with a plow to push snow around a vehicle that he believed parked in his spot. When the vehicle owner and other neighbors came out to confront him he pinned a neighbor with his truck and then kicked him in the head. He’s accused of striking another man breaking his glasses.

These assaults occurred last month but the defendant was arraigned today in Chelsea District Court. The police claim that the defendant was intoxicated when they arrived he was charged with assault and battery with a dangerous weapon, malicious destruction of property and operating under the influence.

The defendant was released without bail and told to avoid contact with the victims in the case.

Attorney Frank Fernandez practices criminal defense in Boston and throughout all of Massachusetts, if charged with assault and battery or any other offense please contact us for a free consultation.

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Revere Man Charged with Assault on Neighbors

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A Lawrence man attempted to get a restraining order against Mayor William Lantigua, the man claimed that the mayor made obscene gestures and swore at him. The man admitted that he had been following the mayor. The judge found that although the mayor’s conduct as described may have been rude it did not amount to criminal harassment which is necessary to obtain a restraining order.

Massachusetts law now allows a person who can prove criminal harassment to obtain a restraining order against another. Restraining orders in the past were reserved for those involved in a domestic relationship. To prove criminal harassment one must show a repeated behavioral pattern of harassment which can take the form of annoying phone calls, threats or acts of violence.

If you are being investigated for criminal harassment or you face a restraining order hearing feel free to call Frank Fernandez, a Boston criminal defense attorney who has represented many clients at restraining order and criminal harassment hearings.

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Dedham, Massachusetts resident William Spada shot his wife Patricia Spada then his daughter Deidre Spada before turning the gun on himself in a domestic violence incident which left him and his wife dead and his daughter in the hospital in critical condition. The daughter’s boyfriend was an eyewitness who narrowly escaped the shooting by running out of the house.

Massachusetts has a zero tolerance policy towards acts of domestic violence. If police respond to a home and a party alleges that a threat or an assault occurred they will make an arrest. This is done to avoid the police getting blamed for not diffusing what later can be an explosive situation as the one which occurred yesterday at the Spada home.

The flip side of the zero tolerance policy is that if an arrest is made based on a false allegation of assault or the accusing party no longer wishes to proceed with charges it becomes very difficult to undo. An experienced criminal attorney is needed to help guide you through the Court process. An alleged victim will be summonsed into to court to testify whether they want to proceed with the charges or not. The prosecutor will not just drop assault and battery charges on the whim of the alleged victim.

Keating said Deidre Spada’s 27-year-old boyfriend was inside the house when violence broke out around 1:30 a.m. The boyfriend told authorities that William Spada shot his wife and daughter before shooting himself. The boyfriend avoided becoming a victim himself only because he was able to run out of the house. “He was there when the shooting began. His account is that William Spada had been the shooter,” Keating said. “He ran from the house to make the call. He was still outside when police came.”

For free advice on your own particular situation involving domestic violence or charges of assault and battery, including assault and battery with a dangerous weapon and other types of crimes of violence, call boston criminal lawyer Frank Fernandez at 617-393-0250 or e-mail us, serving all of Massachusetts.

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