Violence And Assault Cases
Defending Against Assault Charges Filed By Employee: September, Framingham District Court
Police respond to report of a fight in the middle of Frederick Street directly across from station. Police discover client’s employee with a large gash over his left eye with profuse bleeding. Employee states client beat him with a power washer pipe after they argued about employee’s paycheck. Client maintains he acted in self-defense. At trial, attorney Doran points to the inconsistencies in employee’s account of incident between statement at scene and at trial. Client is found not guilty after one-day jury trial.
Police Respond to Frantic Call From Client’s House: July
Police respond to frantic call from client’s house. Client’s girlfriend claims she was pushed violently into a safe, severely bruising her hip. Police arrest client after observing bruise on girlfriend. Attorney Doran discovers police report from incident four months before client’s arrest in which girlfriend admitted to attacking him. This evidence is deemed admissible at trial. Client offers claim of self defense at trial, claiming he only brushed girlfriend away after she jumped on him. Client is found not guilty after a one day trial.
Domestic Dispute Ends In Not Guilty Verdict: May, West Roxbury District Court
Client’s girlfriend calls police at 3 in morning and claims client had just choked her. She urges police to approach silently and to be on guard for her dangerous boyfriend. When police arrive girlfriend runs to police while saying ” ….Don’t let him get me!”. Girlfriend had bumps on her face. One police officer states client chased girlfriend down stairs, another said he remained at top of stairs. At pretrial hearing, the Commonwealth seeks to admit the 911 tape. Despite vigorous opposition, based on legal precedent directly on point, the court allows the 911 tape into evidence. However, a different judge on the day of trial excludes girlfriend’s statements at scene from evidence. Girlfriend does not appear in court on trial date. Commonwealth proceeds to trial with tape and corroborating injuries. Police officer admits on stand the difference between a bruise and a bump. Client testifies the bumps of girlfriend’s face were resultant from a skin condition and that girlfriend was concerned about his seeing other women. At the close of evidence, the judge grants attorney Doran’s Motion for a Required Finding of Not Guilty. The client was then free to go as a not-guilty finding was entered by the court.
Fabricated Assault Accusations Results In Not Guilty Verdict: November, Framingham District Court
Client and wife were experiencing marital problems and were contemplating divorce. Wife calls 911 and claims client assaulted her 12 hours previous to her call. Wife goes to hospital where doctor diagnosed her having a neck strain. Client eventually turns himself into police and is arrested. Case marked for jury trial. At trial, wife claims she had bruises on her arm, which appeared almost immediately after her being attacked. Attorney Doran produces medical record, which shows no bruising or any other objective indicia of trauma. Attorney Doran points to 12 hour delay in wife’s contacting police and the fact wife denied client access to his children based on the allegation of his attacking her, substantiating his theory wife fabricated allegation against client. Client found not guilty after one day jury trial.
Law Enforcement Employee Keeps Job After Assault Dismissal: October, Framingham District Court
Client calls attorney Doran one day after a confrontation with his wife. The confrontation became physical and client’s wife reported to the police she had been injured. Police then sought and obtained a warrant for client’s arrest. Attorney Doran was at the courthouse when he received the call from client. Attorney Doran convinces police authorities to pursue a complaint at a Magistrate’s Hearing given that Client and her wife had reconciled. Case dismissed at Magistrate’s hearing. As client works in law enforcement, the dismissal at the Magistrate level saves client’s job because of a lack of a record entry at the Board of Probation.
Motion For New Trial In Assault Case Leads To Dismissal: July, Marlboro District Court
In 2001 client admitted to sufficient facts and received a Continuance Without a Finding as a result of an allegation he stuck his wife while she held their infant son. Client is a resident alien who seeks to become a citizen. The disposition prevents client from becoming a citizen. Client’s immigration lawyer refers client to Attorney Doran. Attorney Doran files a Motion for a New Trial based on a claim of ineffective assistance of counsel. Client’s prior lawyer never inquired of client’s wife as to her wanting to pursue the charges. Client and wife remain married and have two additional children together. Client has developed a successful electrical contracting business. Motion for new trial allowed. Client’s wife asserts her marital privilege not to testify against her husband. All charges thereafter dismissed, making client eligible for citizenship.
Assault And Battery Charges Threaten Probation Violation: May, Middlesex Superior Court
Client arrested for domestic assault and battery after his brother calls the police reporting a confrontation between client and his girlfriend. Police respond to client’s house where client’s brother informs police client had struck his girlfriend a number of times. Girlfriend is stopped 1/2 mile away and tells police she was attacked. Client is on probation for a number of serious narcotic offenses and probation department moves to have client incarcerated. Client and girlfriend reconcile. Attorney Doran objects to all evidence from witnesses not testifying in probation hearing. Judge sustains objection. Client is found not to be in violation of his probationary terms.
Marital Privilege Leads To Case Dismissal: February, Framingham District Court
Client, a teacher and a mother of two infants, calls police after she and her husband argued over the care of the children. Police arrive and discover husband claiming injuries to his legs. Husband states client ran him over with family car. Client claims the incident was accidental and that husband hurt himself as he chased car down driveway. Police arrest client after a 10-minute investigation. Client and husband reconcile almost immediately. Husband asserts marital privilege. Case dismissed at pretrial conference.
Relationship Bias Casts Doubt In Assault And Battery Case: December, Attleboro District Court
Client charged with assault and battery and vandalism of property after a co-worker claims client struck her face with a closed fist, breaking her eye glasses. However, complaining witness did not go directly to the North Attleboro Police, a 5 minute walk away. She appeared at the police station the next day at which time the police officer did not observe any signs of any injury to her face. On cross-examination complainant admits to a previous sexual relationship with client. She also admits she increased her estimate of the value of her glasses from 250 to 400 dollars. Attorney Doran argues to the jury complainant is lying due to the lack of corroborating observations of her injuries and her potentially seeking money from client. Attorney Doran emphasizes the previous sexual relationship provides a potential bias which discredits her testimony. Attorney Doran also points to the lack of police investigation, i.e., the lack of even an attempt to secure a store video and medical records, in arguing the Commonwealth failed to prove its case beyond a reasonable doubt. Client did not testify. Client found not guilty after jury trial.
Felony Assault And Battery Charges Dismissed: November, Plymouth District Court
Client arrested for assault and battery on a person over 65 years of age, a felony. The charge stemmed from a family incident in which alcohol was a factor. Client admitted to striking the complaining witness but stated it was in self-defense. Attorney Doran files a Motion to Suppress Statements based on client’s extreme level of intoxication at the time he spoke to police. Motion allowed after hearing in which police officer testified to the fact client was intoxicated to the point of being incoherent. Case marked for trial. Complaining witness declines to testify. As client’s statement no longer was admissible, the prosecutor was compelled to dismiss case.
Unlicensed Mace Use Leads To Charge Of Assault And Battery With A Dangerous Weapon: May – Quincy District Court
Client charged with three counts of assault and battery with a dangerous weapon after she allegedly sprayed complaining witness with mace, the possession of which without a license is also a crime. As client fled the scene, she was not arrested. However, the complaining witness contacted a local TV station and recounted the disturbing nature of the attack. Client sees the TV report and goes to police station where she essentially admits to the facts but claims self-defense. Two neutral witnesses refute client’s account of events. Attorney Doran contacts complaining witness in an effort to resolve case prior to a complaint issuing. After an extended negotiation, a monetary solution is achieved. All charges later dismissed at Clerk’s hearing.
Assault And Battery Charges Dismissed After 5th Amendment Rights Invoked: March, Wrentham District Court
Client arrested for assault and battery on girlfriend after she reports his attempting to choke her. Photos taken at scene by police depict moderate bruising around neck of complaining witness. Case marked directly for trial due to child custody dispute pending in Probate Court. Complaining witness asserts 5th Amendment right not to testify on date of trial. Attorney Doran files motion to exclude statements of complaining witness. Motion allowed. Case dismissed.
Restraining Order Denied, Proof Of Leverage In Property Dispute: February, Wrentham District Court
Client arrested after an alleged assault on her brother. The brother was over 60 and because of that client was charged with an enhanced felony. Brother then pursued a restraining order against client. As parties jointly owned a piece of vacation real estate, a ruling against client would have resulted in ruining client’s summer vacation plans. Attorney Doran argues at restraining order hearing the brother’s using restraining order process to gain leverage in property dispute. Restraining order application denied. Criminal case marked for trial. Attorney Doran arranges for a disposition of pretrial probation. Brother then says he wants to make statement to court but unavailable on trial date. Attorney Doran calls off all deals. Case dismissed on date of trial.
Attempted Murder Charges Dismissed At Second Pretrial Conference: November, Framingham District Court
Client arrested for and later charged with attempted murder after his wife called police frantically claiming she had been choked. Police arrive and see wife’s injuries, which do not include any marks around her neck. Client’s arraignment achieved significant news coverage, with client picture on the front page of the Middlesex News. Attorney Doran appears in Framingham District Court and arranges for an attorney to appear on wife’s behalf. Wife, with counsel, elects to assert her marital privilege not to testify in the case. Case dismissed at second pretrial conference.
Assault And Battery With A Deadly Weapon Charges Dismissed: June, District Court
Client, a local financial executive’s wife, charged with assault and battery with a deadly weapon after she allegedly kicked a restaurant manager. Client arrived at restaurant with her five children and husband late on a Sunday afternoon. The restaurant was essentially out of food and client began taping the manager’s response to some of her probing questions. Manager then attempted to seize Client’s phone at which point he was allegedly kicked. Attorney Doran alerts police officials to contents of tape, admissible because it was not secretly recorded. Attorney Doran also presents testimony detailing client’s prodigious charitable efforts. All charges dismissed at Clerk Magistrate’s hearing.
Limited Time Sentence Achieved In Restraining Order Case: March, Plymouth District Court
Client originally charged with restraining order violation but then continues to call girlfriend no less than 15 times after being arrested, causing bail on first case to be revoked. Case called for trial at which time attorney Doran produces evidence, such as hotel receipts, of complaining witness’ contact with client. Client accepts offer of a sentence limited to time already served. Client released from custody.
Domestic Abuse Case Dismissed, Wife Rescinds Statement: February – Fitchburg District Court
Client arrested for assault and battery on his wife after she claimed she was beaten severely. Wife later disclaims statement and asserts her marital privilege not to testify against her husband. Case dismissed after attorney Doran files motion to exclude statement of wife.
Case Dismissed For Domestic Assault And Battery: December, Framingham District Court
Client arrested for assault and battery after neighbor calls police allegedly having heard client strike his girlfriend. Attorney Doran files motion to exclude girlfriend’s prior statement to police. Motion allowed. Case dismissed on date of trial.
Assault With Intent To Murder Case Dismissed: November, Lowell District Court
Client arrested for Assault with Intent to Murder after police observe his girlfriend with choking injuries to her neck. Police take pictures irrefutably establishing the severity of her injuries. Early in case client reconciles with girlfriend. Because the alleged assault occurred after girlfriend entered client’s residence, attorney Doran suggests she seek counsel for purpose of invoking her 5th Amendment rights. Attorney Doran files motion to exclude girlfriend’s prior statement to police. Case dismissed on date of trial.
Domestic Abuse Case Dismissal: October, Framingham District Court
Client charged with assault and battery on her husband as a result of domestic dispute. Attorney Doran presents motion to dismiss based on an accord and satisfaction. Motion allowed. Case dismissed.
Probation Granted In Road Rage Incident: September, Marlboro District Court
Client charged with assault and battery after knocking out the tooth of an individual in a road rage incident. District Attorney’s office asks court for enhanced charge. Attorney Doran successfully argues the charge should remain as is. Client eventually pleads to straight probation without any jail sentence.
Pretrial Dismissal Because Of Self-Defense: August, Somerville District Court
Client charged with assault and battery on his roommate who received moderately serious injuries. Attorney Doran begins process of constructing a defense-based claim of self-defense. Complaining witness almost instantly loses interest in case. Case dismissed at pretrial conference.
Charges Dismissed In Assault And Battery Case: July, Wrentham Distinct Court
Client charged with domestic assault and battery after police respond to 911 call and observe moderately severe injuries to his wife. All charges dismissed.
Probation Granted After Aggravated Assault And Battery Charges: May, Marlboro District Court
Client charged with aggravated assault and battery after bar fight in which numerous neutral witnesses observe client kicking victim in head repeatedly inflicting life-threatening injury. Attorney Doran prepares case for trial based on a self-defense theory. Prosecutors eventually offer client straight probation.
Domestic Assault Charges Dismissed: May, Westborough District Court
Client charged with domestic assault after police respond to frantic call from his house. Client had two guns in house, one allegedly improperly stored. Attorney Doran presents evidence of client’s post-traumatic stress syndrome. All charges dismissed after hearing.