Articles Posted in Assault & Battery on a Person Age 60 or Older

WS, a 68 year old lawyer from Essex County, had lived with his wife and mother-in-law. In 2018 his wife died of cancer and thereafter WS and his mother-in-law continued to live in WS’s home. In December of 2020 WS was accused of Assault & Battery on an Elderly Person for allegedly assaulting his mother-in-law, who was then age 82. The mother-in-law had been found walking outside on a frigid night by a neighbor and accused WS of mistreating her. WS was charged with Assault & Battery on an Elderly Person. WS sought out an attorney to represent him and consulted with and retained Attorney Robert Lewin from Andover to represent him. It turns out that Attorney Lewin had successfully represented WS’s wife prior to her death on a similar charge.

Attorney Lewin thoroughly reviewed the police reports and it was very clear that no Assault & Battery had occurred. The police had actually charged WS under the wrong criminal statute. The proper charge would have been a charge of Elder Abuse and Neglect by a Caretaker. Attorney Lewin filed a Motion to Dismiss the Assault & Battery charge. After a full hearing in Lawrence District Court, the Judge ordered the Assault & Battery charge dismissed.

Several months passed by and the police then applied for a new criminal complaint against WS for Elder Abuse and Neglect by a Caretaker. Again WS retained Attorney Lewin to defend him. Attorney Lewin thoroughly studied the case law under the Elder Abuse and Neglect law and was convinced that WS had not violated the law. On October 28, 2021 a Clerk-Magistrate Hearing was held at Lawrence District Court on the police application for the new criminal complaint. After a full hearing the Clerk-Magistrate found NO probable cause and denied the application for a criminal complaint.

On March 2, 2020 five grown men (ages 62, 53, 47, 43, and 27) all of whom knew one another got into a brawl in Haverhill, MA. During the brawl the 27 year old pulled out a knife and stabbed the 53 year old. No one died, but the 53 year old had a serious injury to his leg that required a period of hospitalization followed by a period of rehabilitation. The 47 and the 43 year old were brothers and they were accused of holding down to the ground and kicking the 62 year old and the 27 year old. Charges were brought against all five men. All five men sought out and retained lawyers.

The 47 year old (SO) consulted with and retained Attorney Robert Lewin from Andover, MA. SO was charged with Assault & Battery on a Person 60 years or Older (a felony) and with Assault & Battery. SO was a fireman in a local fire department and a felony conviction could cost him his job. In his very first appointment with Attorney Lewin, Attorney Lewin told SM that it was in the interest of all five men to have all the cases go away. Attorney Lewin explained that this would require all five of the men to refuse to testify against the others. This meant that those of the five men who were real victims would have to be willing to let go of the charges against the person(s) who had struck them. Attorney Lewin told SO that he would “quarterback” getting all the lawyers to get their clients to agree. SO very much wanted the charges against himself to be dropped and he was more than willing to drop the charges against the men who had assaulted him.

Attorney Lewin spoke with the four other lawyers. Everyone was on board – except the 53 year old who had been stabbed. He wanted the 27 year old prosecuted and convicted. But, as usual, there was a wrinkle. The 53 year old was himself on probation for an assault and he had other pending cases; therefore, this new case which included a charge against the 53 year old presented a problem for the 53 year old.

Contact Information